Untitled document

Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011

No. 48 of 2011

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to the Corrections Act 1986

3Definitions

4Persons not regarded to be in the Secretary's legal custody

5Victim may be given certain information about a prisoner

6Repeal of Division 4 of Part 8

7Secretary to supply assistance to Board

8Reports

9Officers subject to Board's directions

10Regulations

11New section 120 inserted

120Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011

Part 3—Amendments to the Sentencing Act 1991

12Definitions

13Sentences

14Home detention direction by sentencing court

15Time held in custody before trial etc. to be deducted from sentence

16Home detention condition when combined custody and
treatment order is imposed

17Home detention condition when drug treatment order is
imposed

18Home detention condition when intensive correction order is imposed

19Repeal of Subdivision (2A) of Division 2 of Part 3

20Home detention condition when suspended sentence is imposed

21Home detention condition when community-based order is imposed

22Repeal of Division 2B of Part 6

23Regulations

24New section 141A inserted

141ATransitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011

Part 4—Consequential amendments to other Acts

25Repeal of section 131 of the Personal Safety Intervention
Orders Act 2010

26Repeal of section 51A of the Stalking Intervention Orders
Act 2008

27Repeal of certain provisions of the Family Violence Protection Act 2008

Part 5—Repeal of Amending Act

28Repeal of Amending Act

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Endnotes

Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011

No. 48 of 2011

[Assented to 22 September 2011]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are to amend the Corrections Act 1986 and the Sentencing Act 1991 to provide for the repeal of provisions relating to home detention orders and for other purposes.

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 1 June 2012, it comes into operation on that day.

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Part 2—Amendments to the Corrections Act 1986

3Definitions

In section 3(1) of the Corrections Act 1986—

(a)in the definition of correctional order, paragraph (i) is repealed;

(b)the definition of home detention order is repealed.

4Persons not regarded to be in the Secretary's legal custody

Section 6C(1)(bb) of the Corrections Act 1986 is repealed.

5Victim may be given certain information about a prisoner

In section 30A(2)(b) of the Corrections Act 1986 omit ", home detention".

6Repeal of Division 4 of Part 8

Division 4 of Part 8 of the Corrections Act 1986 is repealed.

7Secretary to supply assistance to Board

Section 70(1)(aa) of the Corrections Act 1986 is repealed.

8Reports

Section 72(1)(ba), (bb) and (bc) of the Corrections Act 1986 are repealed.

9Officers subject to Board's directions

In section 73(1) of the Corrections Act 1986 omit "or home detention order".

10Regulations

In section 112(1)(n) of the Corrections Act 1986 omit ", home detention orders".

11New section 120 inserted

After section 119 of the Corrections Act 1986 insert—

120Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011"

(1)In this section—

2011 Act means the Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011;

old home detention order means a home detention order within the meaning of section 3 as in force before the commencement of section 6 of the 2011 Act, being an order in force immediately before that commencement.

(2)Despite the commencement of section 6 of the 2011 Act, an old home detention order is taken to continue in force on and from that commencement as if this Act, as in force before that commencement, continued to apply to it.

(3)Despite the commencement of section 25 of the 2011 Act, section 131 of the Personal Safety Intervention Orders Act 2010, as in force before that commencement, is taken to continue to apply on and from that commencement in relation to an old home detention order.

(4)Despite the commencement of section 27 of the 2011 Act, sections 17(8), 24(da) and 176AA of the Family Violence Protection Act 2008, as in force before that commencement, are taken to continue to apply on and from that commencement in relation to an old home detention order.".

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Part 3—Amendments to the Sentencing Act 1991

12Definitions

In section 3(1) of the Sentencing Act 1991, the definition of home detention order is repealed.

13Sentences

Section 7(1)(ba) of the Sentencing Act 1991 is repealed.

14Home detention direction by sentencing court

Section 14A of the Sentencing Act 1991 is repealed.

15Time held in custody before trial etc. to be deducted from sentence

Section 18(2)(bb) of the Sentencing Act 1991 is repealed.

16Home detention condition when combined custody and treatment order is imposed

Section 18SA of the Sentencing Act 1991 is repealed.

17Home detention condition when drug treatment order is imposed

Section 18ZGA of the Sentencing Act 1991 is repealed.

18Home detention condition when intensive correction order is imposed

Section 21A of the Sentencing Act 1991 is repealed.

19Repeal of Subdivision (2A) of Division 2 of Part 3

Subdivision (2A) of Division 2 of Part 3 of the Sentencing Act 1991 is repealed.

20Home detention condition when suspended sentence is imposed

Section 27A of the Sentencing Act 1991 is repealed.

21Home detention condition when community-based order is imposed

Section 41A of the Sentencing Act 1991 is repealed.

22Repeal of Division 2B of Part 6

Division 2B of Part 6 of the Sentencing Act 1991 is repealed.

23Regulations

Section 116(1)(a) of the Sentencing Act 1991 is repealed.

24New section 141A inserted

After section 141 of the Sentencing Act 1991 insert—

141ATransitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011"

(1)In this section—

2011 Act means the Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011;

old home detention order means a home detention order within the meaning of section 3 as in force before the commencement of section 19 of the 2011 Act, being an order in force immediately before that commencement.

(2)Despite the commencement of section 19 of the 2011 Act, an old home detention order is taken to continue in force on and from that commencement as if this Act, as in force before that commencement, continued to apply to it.

(3)Despite the commencement of section 25 of the 2011 Act, section 131 of the Personal Safety Intervention Orders Act 2010, as in force before that commencement, is taken to continue to apply on and from that commencement in relation to an old home detention order.

(4)Despite the commencement of section 27 of the 2011 Act, sections 17(8), 24(da) and 176AA of the Family Violence Protection Act 2008, as in force before that commencement, are taken to continue to apply on and from that commencement in relation to an old home detention order.".

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Part 4—Consequential amendments to other Acts

25Repeal of section 131 of the Personal Safety Intervention Orders Act 2010

Section 131 of the Personal Safety Intervention Orders Act 2010 is repealed.

26Repeal of section 51A of the Stalking Intervention Orders Act 2008

Section 51A of the Stalking Intervention Orders Act 2008 is repealed.

27Repeal of certain provisions of the Family Violence Protection Act 2008

(1)Section 17(8) of the Family Violence Protection Act 2008 is repealed.

(2)Section 24(da) of the Family Violence Protection Act 2008 is repealed.

(3)Section 176AA of the Family Violence Protection Act 2008 is repealed.

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Part 5—Repeal of Amending Act

28Repeal of Amending Act

This Act is repealed on 1 June 2013.

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: 16 June 2011

Legislative Council: 1 September 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 and the Sentencing Act 1991 to repeal provisions relating to home detention orders and for other purposes."