Sentencing (Community Correction Order) and Other Acts Amendment Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Amendment of Sentencing Act 1991 3 3 Definitions 3 4 Sentencing guidelines 5 5 Sentence discount for guilty plea 8 6 Fixing of non-parole period by sentencing court 8 7 Case conferences 8 8 Drug treatment order assessment reports 8 9 Community correction order 9 10 Period and commencement of a community correction order 9 11 New section 41A substituted 9 12 Imprisonment and a community correction order 9 13 New section 71A inserted 10 14 Definitions 10 15 New section 105AA inserted 11 16 Maximum cumulative term of imprisonment imposable by Magistrates' Court 11 17 New section 160 inserted 12 Part 3—Amendment of Bail Act 1977 13 18 Notice of trial 13 19 Failure to answer bail 13 Part 4—Amendments consequential on this Act 14 20 Crimes Act 1958 14 21 Drugs, Poisons and Controlled Substances Act 1981 18 22 Terrorism (Community Protection) Act 2003 19 Part 5—Amendments consequential on the Crimes Amendment (Sexual Offences) Act 2016 20 23 Sentencing Act 1991 20 24 Crimes Act 1958 20 -- 1 of 26 -- Section Page ii Authorised by the Chief Parliamentary Counsel Part 6—Minor amendment 22 25 Crimes Act 1958 22 Part 7—Repeal of amending Act 23 26 Repeal of amending Act 23 ═══════════════ Endnotes 24 1 General information 24 -- 2 of 26 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 † No. 65 of 2016 [Assented to 15 November 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Sentencing Act 1991— (i) to restrict the use by courts of non-custodial orders; and (ii) to make various changes to the regime relating to community correction orders; and Victoria -- 3 of 26 -- Part 1—Preliminary Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 2 Authorised by the Chief Parliamentary Counsel (iii) to clarify the application of Part 8 of that Act to the Children's Court; and (iv) to further provide for statements on the reduction of sentences for guilty pleas; and (v) to make various minor amendments to that Act; and (b) to amend the Bail Act 1977 to repeal provisions relating to the giving of a notice of trial; and (c) to make consequential amendments to the Crimes Act 1958, the Sentencing Act 1991, the Drugs, Poisons and Controlled Substances Act 1981 and the Terrorism (Community Protection) Act 2003. 2 Commencement (1) Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed. (2) Part 5 comes into operation on the day on which sections 15 and 16 of the Crimes Amendment (Sexual Offences) Act 2016 come into operation. (3) If a provision of this Act does not come into operation before 2 October 2017, it comes into operation on that day. -- 4 of 26 -- Part 2—Amendment of Sentencing Act 1991 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Sentencing Act 1991 3 Definitions In section 3(1) of the Sentencing Act 1991 insert the following definitions— "category 1 offence means any of the following offences committed by a person who is 18 years of age or more at the time of the commission of the offence— (a) murder; (b) an offence against section 15A(1) of the Crimes Act 1958 (causing serious injury intentionally in circumstances of gross violence); (c) an offence against section 15B(1) of the Crimes Act 1958 (causing serious injury recklessly in circumstances of gross violence); (d) an offence against section 38(1) of the Crimes Act 1958 (rape); (e) an offence against section 39(1) of the Crimes Act 1958 (rape by compelling sexual penetration); (f) an offence against section 44(1) of the Crimes Act 1958 (incest with the person's child, other lineal descendant or step-child) if the victim was, at the time of the offence, under the age of 18; (g) an offence against section 44(2) of the Crimes Act 1958 (incest with a child, other lineal descendant or step-child under the age of 18 of the person's de facto spouse); -- 5 of 26 -- Part 2—Amendment of Sentencing Act 1991 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 4 Authorised by the Chief Parliamentary Counsel (h) an offence against section 45(1) of the Crimes Act 1958 (sexual penetration of child under the age of 16) committed in the circumstance of aggravation described in section 45(2)(a) of that Act; (i) an offence against section 47A(1) of the Crimes Act 1958 (persistent sexual abuse of child under the age of 16); (j) an offence against section 71(1) of the Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a drug or drugs of dependence—large commercial quantity); (k) an offence against section 72 of the Drugs, Poisons and Controlled Substances Act 1981 (cultivation of narcotic plants—large commercial quantity); category 2 offence means any of the following offences committed by a person who is 18 years of age or more at the time of the commission of the offence— (a) manslaughter; (b) an offence against section 5A of the Crimes Act 1958 (child homicide); (c) an offence against section 16 of the Crimes Act 1958 (causing serious injury intentionally); (d) an offence against section 63A of the Crimes Act 1958 (kidnapping); -- 6 of 26 -- Part 2—Amendment of Sentencing Act 1991 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 5 Authorised by the Chief Parliamentary Counsel (e) an offence against section 197A of the Crimes Act 1958 (arson causing death); (f) the offence of kidnapping at common law; (g) an offence against section 71AA of the Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a drug or drugs of dependence— commercial quantity); (h) an offence against section 72A of the Drugs, Poisons and Controlled Substances Act 1981 (cultivation of narcotic plants—commercial quantity); (i) an offence against section 4B(1) of the Terrorism (Community Protection) Act 2003 (providing documents or information facilitating terrorist acts);". 4 Sentencing guidelines (1) After section 5(2F) of the Sentencing Act 1991 insert— "(2G) In sentencing an offender for a category 1 offence, a court must make an order under Division 2 of Part 3 (other than a sentence of imprisonment imposed in addition to making a community correction order in accordance with section 44). (2H) In sentencing an offender for a category 2 offence, a court must make an order under Division 2 of Part 3 (other than a sentence of imprisonment imposed in addition to making a community correction order in accordance with section 44) unless— -- 7 of 26 -- Part 2—Amendment of Sentencing Act 1991 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 6 Authorised by the Chief Parliamentary Counsel (a) the offender has assisted or has given an undertaking to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence; or Notes 1 Section 5(2AB) also applies. 2 If an offender fails to fulfil an undertaking, the Director of Public Prosecutions has a right under section 291 of the Criminal Procedure Act 2009 to appeal against the less severe sentence imposed. (b) the offender— (i) is of or over the age of 18 years but under 21 years at the time of the commission of the offence; and (ii) proves on the balance of probabilities that he or she has a particular psychosocial immaturity that has resulted in a substantially diminished ability to regulate his or her behaviour in comparison with the norm for persons of that age; or (c) the offender proves on the balance of probabilities that— (i) at the time of the commission of the offence, he or she had impaired mental functioning that is causally linked to the commission of the offence and substantially reduces the offender's culpability; or -- 8 of 26 -- Part 2—Amendment of Sentencing Act 1991 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 7 Authorised by the Chief Parliamentary Counsel (ii) the offender has impaired mental functioning that would result in the offender being subject to significantly more than the ordinary burden or risks of imprisonment; or (d) the court proposes to make a Court Secure Treatment Order or a residential treatment order in respect of the offender; or (e) there are substantial and compelling circumstances that justify not making an order under Division 2 of Part 3 (that is not a sentence of imprisonment imposed in addition to making a community correction order in accordance with section 44). (2I) In determining whether there are substantial and compelling circumstances under subsection (2H)(e), the court must have regard to— (a) the Parliament's intention that in sentencing an offender for a category 2 offence only an order under Division 2 of Part 3 (that is not a sentence of imprisonment imposed in addition to making a community correction order in accordance with section 44) should ordinarily be made; and (b) whether the cumulative impact of the circumstances of the case would justify a departure from such a sentence.". -- 9 of 26 -- Part 2—Amendment of Sentencing Act 1991 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 8 Authorised by the Chief Parliamentary Counsel (2) In section 5(3), (4), (4B) and (4C) of the Sentencing Act 1991, for "A court" substitute "Subject to subsections (2G) and (2H), a court". 5 Sentence discount for guilty plea After section 6AAA(1)(b)(i) of the Sentencing Act 1991 insert— "(ia) an order that the offender serve a term of imprisonment; or (ib) a community correction order for a period of 2 years or more; or". 6 Fixing of non-parole period by sentencing court After section 11(2) of the Sentencing Act 1991 insert— "(2A) However, a court must not fix under subsection (2) a non-parole period as part of a sentence of imprisonment if the court, in accordance with section 44, makes a community correction order in respect of the offender in addition to imposing the sentence of imprisonment.". 7 Case conferences In section 18ZI(3) of the Sentencing Act 1991, for "section 91 of the Corrections Act 1986, an officer" substitute "section 104ZY of the Corrections Act 1986, a relevant person". 8 Drug treatment order assessment reports In section 18ZQ(10) of the Sentencing Act 1991, for "section 91 of the Corrections Act 1986, an officer" substitute "section 104ZY of the Corrections Act 1986, a relevant person". -- 10 of 26 -- Part 2—Amendment of Sentencing Act 1991 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 9 Authorised by the Chief Parliamentary Counsel 9 Community correction order In section 37 of the Sentencing Act 1991, for "A court" substitute "Subject to any specific provision relating to the offence, a court". 10 Period and commencement of a community correction order For section 38(1)(b) of the Sentencing Act 1991 substitute— "(b) in the case of an order made by the County Court or the Supreme Court in respect of one, or more than one, offence, 5 years.". 11 New section 41A substituted For section 41A of the Sentencing Act 1991 substitute— "41A Maximum cumulative community correction orders A court must not impose on an offender in respect of 2 or more offences separate community correction orders with cumulative periods that are to take effect in succession for a period that exceeds in the whole 5 years.". 12 Imprisonment and a community correction order (1) In section 44(1) of the Sentencing Act 1991— (a) for "When" substitute "Subject to any specific provision relating to the offence, when"; (b) for "2 years" substitute "one year". (2) In section 44(1A) of the Sentencing Act 1991, for "When" substitute "Subject to any specific provision relating to the offence, when". -- 11 of 26 -- Part 2—Amendment of Sentencing Act 1991 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 10 Authorised by the Chief Parliamentary Counsel (3) For section 44(1B) of the Sentencing Act 1991 substitute— "(1B) In sentencing an offender in accordance with subsection (1) or (1A) in respect of 2 or more offences, the Magistrates' Court must not impose a sentence that exceeds in the whole 5 years.". (4) In section 44(3) of the Sentencing Act 1991 omit "or, if the offender is released on parole, on the completion of the parole period (as defined in section 55(1) of the Corrections Act 1986)". 13 New section 71A inserted After section 71 of the Sentencing Act 1991 insert— "71A Limitation on making of orders under this Division The power of a court to make an order under this Division in respect of an offence is subject to any specific provision relating to the offence.". 14 Definitions In section 105(1) of the Sentencing Act 1991, in the definition of data controller, for paragraphs (a) and (b) substitute— "(a) the Supreme Court, means the prothonotary of the Supreme Court; or (ab) the County Court, means the registrar of the County Court; or (ac) the Magistrates' Court, means the principal registrar of the Magistrates' Court; or (ad) the Children's Court, means the principal registrar of the Children's Court; or -- 12 of 26 -- Part 2—Amendment of Sentencing Act 1991 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 11 Authorised by the Chief Parliamentary Counsel (b) VCAT, means the principal registrar of VCAT; or". 15 New section 105AA inserted After section 105 of the Sentencing Act 1991 insert— "105AA Application of this Part Despite section 4, this Part applies to a conviction for a historical homosexual offence made at any time by any court including (without limiting the generality of this section)— (a) the several Magistrates' Courts that existed immediately before the commencement of Part 2 of the Magistrates' Court Act 1989 including any such court when it was called and known as a court of petty sessions; and (b) the several children's courts that existed immediately before the commencement of section 8 of the Children and Young Persons Act 1989; and (c) a court of general sessions that existed before the commencement of the County Court (Jurisdiction) Act 1968.". 16 Maximum cumulative term of imprisonment imposable by Magistrates' Court In section 113B of the Sentencing Act 1991 omit "committed at the same time". -- 13 of 26 -- Part 2—Amendment of Sentencing Act 1991 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 12 Authorised by the Chief Parliamentary Counsel 17 New section 160 inserted At the end of Part 12 of the Sentencing Act 1991 insert— "160 Transitional provision—Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 (1) The amendments made to this Act by Part 2 of the Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 (other than sections 3 and 4) apply to the sentencing of an offender on or after the commencement of that Part, irrespective of when the offence was committed or the finding of guilt was made. (2) The amendments made to this Act by sections 3 and 4 of the Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 apply only to offences alleged to have been committed after the commencement of those sections. (3) For the purposes of subsection (2), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of sections 3 and 4 of the Sentencing (Community Correction Order) and Other Acts Amendment Act 2016, it is alleged to have been committed before that commencement.". -- 14 of 26 -- Part 3—Amendment of Bail Act 1977 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 13 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Bail Act 1977 18 Notice of trial Section 29 of the Bail Act 1977 is repealed. 19 Failure to answer bail Section 30(3) of the Bail Act 1977 is repealed. -- 15 of 26 -- Part 4—Amendments consequential on this Act Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 14 Authorised by the Chief Parliamentary Counsel Part 4—Amendments consequential on this Act 20 Crimes Act 1958 (1) At the foot of section 3(1) of the Crimes Act 1958 insert— "Note Murder is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". (2) In section 5 of the Crimes Act 1958 omit "or to a fine in addition to or without any such other punishment as aforesaid". (3) Before note 1 at the foot of section 5 of the Crimes Act 1958 insert— "1 Manslaughter is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.". (4) In the notes at the foot of section 5 of the Crimes Act 1958— (a) for "1 Sections" substitute "2 Sections"; (b) for "2" substitute "3"; (c) for "3" substitute "4". (5) At the foot of section 5A of the Crimes Act 1958 insert— "Note Child homicide is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.". -- 16 of 26 -- Part 4—Amendments consequential on this Act Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 15 Authorised by the Chief Parliamentary Counsel (6) At the foot of section 15A(1) of the Crimes Act 1958 insert— "Note An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". (7) In note 3 at the foot of section 15A of the Crimes Act 1958, after "discretion." insert "See also section 5(2G) of that Act.". (8) At the foot of section 15B(1) of the Crimes Act 1958 insert— "Note An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". (9) In note 3 at the foot of section 15B of the Crimes Act 1958, after "discretion." insert "See also section 5(2G) of that Act.". (10) Before note 1 at the foot of section 16 of the Crimes Act 1958 insert— "1 An offence against this section is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.". (11) In the notes at the foot of section 16 of the Crimes Act 1958— (a) for "1 Section" substitute "2 Section"; (b) for "2" substitute "3"; (c) for "3 If" substitute "4 If"; (d) after "discretion." insert "See also section 5(2H) of that Act.". -- 17 of 26 -- Part 4—Amendments consequential on this Act Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 16 Authorised by the Chief Parliamentary Counsel (12) At the foot of section 38(2) of the Crimes Act 1958 insert— "Note An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". (13) At the foot of section 39(2) of the Crimes Act 1958 insert— "Note An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". (14) At the foot of section 44(1) of the Crimes Act 1958 insert— "Note An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 if the victim was, at the time of the offence, under the age of 18. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". (15) At the foot of section 44(2) of the Crimes Act 1958 insert— "Note An offence against subsection (2) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". (16) At the foot of section 45(2) of the Crimes Act 1958 insert— "Note An offence against subsection (1) committed in the circumstance of aggravation described in subsection (2)(a) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". -- 18 of 26 -- Part 4—Amendments consequential on this Act Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 17 Authorised by the Chief Parliamentary Counsel (17) At the foot of section 47A(4) of the Crimes Act 1958 insert— "Note An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". (18) At the foot of section 63A of the Crimes Act 1958 insert— "Note An offence against this section is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.". (19) At the foot of section 197A of the Crimes Act 1958 insert— "Note An offence against this section is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.". (20) At the foot of section 320 of the Crimes Act 1958 insert— "Note The offence of kidnapping at common law is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.". -- 19 of 26 -- Part 4—Amendments consequential on this Act Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 18 Authorised by the Chief Parliamentary Counsel 21 Drugs, Poisons and Controlled Substances Act 1981 (1) For the note at the foot of section 71(1) of the Drugs, Poisons and Controlled Substances Act 1981 substitute— "Notes 1 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence. 2 An offence against subsection (1) is a serious drug offence for the purposes of the Confiscation Act 1997. On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the Sentencing Act 1991 declaring the person to be a serious drug offender.". (2) At the foot of section 71AA of the Drugs, Poisons and Controlled Substances Act 1981 insert— "Note An offence against this section is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.". (3) For the note at the foot of section 72 of the Drugs, Poisons and Controlled Substances Act 1981 substitute— "Notes 1 An offence against this section is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence. 2 An offence against this section is a serious drug offence for the purposes of the Confiscation Act 1997. On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the Sentencing Act 1991 declaring the person to be a serious drug offender.". -- 20 of 26 -- Part 4—Amendments consequential on this Act Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 19 Authorised by the Chief Parliamentary Counsel (4) At the foot of section 72A of the Drugs, Poisons and Controlled Substances Act 1981 insert— "Note An offence against this section is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.". 22 Terrorism (Community Protection) Act 2003 At the foot of section 4B(1) of the Terrorism (Community Protection) Act 2003 insert— "Note An offence against subsection (1) is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.". -- 21 of 26 -- Part 5—Amendments consequential on the Crimes Amendment (Sexual Offences) Act 2016 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 20 Authorised by the Chief Parliamentary Counsel Part 5—Amendments consequential on the Crimes Amendment (Sexual Offences) Act 2016 23 Sentencing Act 1991 In the definition of category 1 offence in section 3(1) of the Sentencing Act 1991, for paragraphs (f), (g), (h) and (i) substitute— "(f) an offence against section 49A(1) of the Crimes Act 1958 (sexual penetration of a child under the age of 12); (g) an offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16); (h) an offence against section 50C(1) of the Crimes Act 1958 (sexual penetration of a child or lineal descendant) if the victim was, at the time of the offence, under the age of 18; (i) an offence against section 50D(1) of the Crimes Act 1958 (sexual penetration of a step-child) if the victim was, at the time of the offence, under the age of 18;". 24 Crimes Act 1958 (1) After note 2 at the foot of section 49A of the Crimes Act 1958 insert— "3 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". -- 22 of 26 -- Part 5—Amendments consequential on the Crimes Amendment (Sexual Offences) Act 2016 Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 21 Authorised by the Chief Parliamentary Counsel (2) At the foot of section 49J of the Crimes Act 1958 insert— "Note An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". (3) After note 3 at the foot of section 50C of the Crimes Act 1958 insert— "4 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 if the victim was, at the time of the offence, under the age of 18. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". (4) After note 3 at the foot of section 50D of the Crimes Act 1958 insert— "4 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 if the victim was, at the time of the offence, under the age of 18. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.". -- 23 of 26 -- Part 6—Minor amendment Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 22 Authorised by the Chief Parliamentary Counsel Part 6—Minor amendment 25 Crimes Act 1958 In note 2 at the foot of section 15B of the Crimes Act 1958, for "15A" substitute "15B". -- 24 of 26 -- Part 7—Repeal of amending Act Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 23 Authorised by the Chief Parliamentary Counsel Part 7—Repeal of amending Act 26 Repeal of amending Act This Act is repealed on 2 October 2018. 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). ═══════════════ -- 25 of 26 -- Endnotes Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 No. 65 of 2016 24 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 13 October 2016 Legislative Council: 8 November 2016 The long title for the Bill for this Act was "A Bill for an Act to amend the Sentencing Act 1991 to restrict the use by courts of non-custodial orders, to make various changes to the regime relating to community correction orders, to clarify the application of Part 8 of that Act to the Children's Court, to further provide for statements on the reduction of sentences for guilty pleas and to make various minor amendments to that Act, to amend the Bail Act 1977 to repeal provisions relating to the giving of a notice of trial, to make consequential amendments to the Crimes Act 1958, the Sentencing Act 1991, the Drugs, Poisons and Controlled Substances Act 1981 and the Terrorism (Community Protection) Act 2003 and for other purposes." -- 26 of 26 --