Untitled document

Sentencing Further Amendment Act 2011

No. 9 of 2011

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of the Sentencing Amendment Act 2010

3Definitions

4Suspended sentences

5New section 143 inserted

Part 3—Amendment of the Sentencing Act 1991

6Board of directors

7New section 144 inserted

144Transitional provision—Sentencing Further Amendment Act 2011

Part 4—Repeal of Amending Act

8Repeal of amending Act

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Endnotes

Sentencing Further Amendment Act 2011

No. 9 of 2011

[Assented to 12 April 2011]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Sentencing Amendment Act 2010 to abolish suspended sentences for certain offences; and

(b)to amend the Sentencing Act 1991 to make further provision for the membership of the Sentencing Advisory Council.

2Commencement

(1)This Part and Part 2 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision of this Act does not come into operation before 1 January 2012, it comes into operation on that day.

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Part 2—Amendment of the Sentencing Amendment Act 2010

3Definitions

In the proposed amendment to section 3(1) of the Sentencing Act 1991 in section 3(a) of the Sentencing Amendment Act 2010, after the definition of intensive correction management order (general) insert—

"significant offence means—

(a)an offence against section 17 of the Crimes Act 1958, (causing serious injury recklessly) unless heard and determined summarily;

(b)an offence against section 77 of the Crimes Act 1958, (aggravated burglary) unless heard and determined summarily;

(c)an offence against section 197 of the Crimes Act 1958, where the offence is one of destroying or damaging property by fire (arson) unless heard and determined summarily;

(d)an offence against section 197A of the Crimes Act 1958, (arson causing death);

(e)an offence against section 71 of the Drugs, Poisons and Controlled Substances Act 1981, (trafficking in a large commercial quantity of a drug of dependence);

(f)an offence against section 71AA of the Drugs, Poisons and Controlled Substances Act 1981, (trafficking in a commercial quantity of a drug of dependence);".

4Suspended sentences

(1)In section 27(2B) of the Sentencing Act 1991, as proposed to be substituted by section 12 of the Sentencing Amendment Act 2010, after "for a serious offence" insert "or for a significant offence".

(2)In the note at the foot of section 27(2B) of the Sentencing Act 1991, as proposed to be substituted by section 12 of the Sentencing Amendment Act 2010, after "for a serious offence" insert "or for a significant offence".

(3)At the end of section 12 of the Sentencing Amendment Act 2010 insert—

"(2)Section 27(2C) of the Sentencing Act 1991 is repealed.".

5New section 143 inserted

(1)In section 143(1) of the Sentencing Act 1991, as proposed to be inserted by section 27 of the Sentencing Amendment Act 2010, after the definition of old serious suspended sentence order insert—

"old significant suspended sentence order means an order made under Subdivision 3 of Division 2 of Part 3 as in force before the commencement of section 12 of the 2010 Act as to the suspending of a sentence of imprisonment on an offender for a significant offence, being such an order in force immediately before that commencement.".

(2)After section 143(7) of the Sentencing Act 1991, as proposed to be inserted by section 27 of the Sentencing Amendment Act 2010, insert—

"(8)Despite the commencement of section 12 of the 2010 Act, an old significant suspended sentence 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.

(9)The amendment of this Act made by section 12 of the 2010 Act, does not apply where a finding of guilt is made in relation to a significant offence committed before the commencement of that section, irrespective of whether the finding of guilt is made before, on or after that commencement.

(10)For the purposes of subsection (9), if a significant offence is alleged to have been committed between two dates, one before and one after the commencement of section 12 of the 2010 Act, the offence is taken to be alleged to have been committed before that commencement.".

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Part 3—Amendment of the Sentencing Act 1991

6Board of directors

(1)In section 108F(1) of the Sentencing Act 1991 for "not less than 9, and not more than 12" substitute "not less than 11, and not more than 14".

(2)After section 108F(1)(c) of the Sentencing Act 1991 insert—

"(ca)one must be a person who is involved in the management of a victim of crime support group or advocacy group and who is a victim of crime or a representative of victims of crime;

(cb)one must be a member of the police force who is actively engaged in criminal law enforcement duties and who is of the rank of senior sergeant or below;".

7New section 144 inserted

After section 143 of the Sentencing Act 1991 insert—

144Transitional provision—Sentencing Further Amendment Act 201"1

On and from the commencement of section 6 of the Sentencing Further Amendment Act 2011 the Sentencing Advisory Council is taken to be the same body as it was immediately before that commencement, despite any changes to the board of directors and no decision, matter or thing is to be affected because of those changes.".

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Part 4—Repeal of Amending Act

8Repeal of amending Act

This Act is repealed on 1 January 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: 21 December 2010

Legislative Council: 3 March 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Sentencing Amendment Act 2010, to abolish suspended sentences for certain offences, to amend the Sentencing Act 1991 to further provide for the membership of the Sentencing Advisory Council and to make other amendments to that Act and for other purposes."