Courts and Sentencing Legislation Amendment Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO THE CHILDREN, YOUTH AND FAMILIES ACT 2005 4 3 Child in custody to be brought before Court or bail justice 4 4 Breach of bail 4 5 Breach of probation 4 6 Breach of youth supervision order 4 7 Breach of youth attendance order 5 8 Jurisdiction of Koori Court (Criminal Division) 5 9 New section 518A inserted 5 518A Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court 5 10 Circumstances in which a child may be taken into safe custody 6 11 New sections 620 and 621 inserted 6 620 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012 6 621 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012 7 12 Schedule 3 amended—CAYPINS 7 PART 3—AMENDMENTS TO THE COUNTY COURT ACT 1958 8 13 Jurisdiction of Koori Court Division 8 14 Dealing with proceedings for certain offences 8 15 New section 4DA inserted 8 4DA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court 8 -- 1 of 54 -- Section Page ii Authorised by the Chief Parliamentary Counsel 16 New section 48CA inserted 9 48CA Protection of assessors 9 17 New section 95 inserted 10 95 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012 10 PART 4—AMENDMENTS TO THE JUDICIAL COLLEGE OF VICTORIA ACT 2001 11 18 Definitions 11 PART 5—AMENDMENT TO THE JURIES ACT 2000 12 19 Jury pools 12 20 Selection of panels 12 21 Information for panel 12 PART 6—AMENDMENTS TO THE MAGISTRATES' COURT ACT 1989 13 22 Jurisdiction of Koori Court Division 13 23 New section 4EA inserted 13 4EA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by another Division of the Magistrates' Court 13 24 Circumstances in which the Koori Court Division may deal with certain offences 14 25 Schedule 8 amended 15 48 Transitional provisions—Courts and Sentencing Legislation Amendment Act 2012 15 PART 7—AMENDMENTS TO THE SENTENCING ACT 1991 16 26 Purposes 16 27 Definitions 16 28 Time held in custody before trial etc. to be deducted from sentence 17 29 New section 18ZT inserted 17 18ZT Order made by Court of Appeal 17 30 Suspended sentence of imprisonment 17 31 Unpaid community work where there are several orders 18 42 Concurrent unpaid community work where there are several orders 18 32 Terms of a community correction order 19 33 Court may attach conditions 19 34 Residual condition 19 35 Unpaid community work condition 19 36 Application for variation etc. of a community correction order 19 -- 2 of 54 -- Section Page iii Authorised by the Chief Parliamentary Counsel 37 Order made by Court of Appeal 20 48Q Order made by Court of Appeal 20 38 Heading to Part 3B amended 20 39 Amount of fine where no amount prescribed 20 40 New Division heading inserted 20 41 Application by person fined 20 42 Section 57 repealed 21 43 Section 58 repealed 21 44 Section 59 repealed 21 45 Section 60 repealed 21 46 New Division heading and new section 61A inserted 21 Division 3—Fines—unpaid community work, default and imprisonment 21 61A Terms of a fine conversion order 21 47 Enforcement of fines against natural persons 22 48 Power to make fine default unpaid community work order 22 49 New section 62B inserted 23 62B Terms of a fine default unpaid community work order 23 50 New sections inserted after section 63 24 63AA Period of unpaid community work to be performed 24 63AB Cumulative unpaid community work where there are several orders 25 63AC Period of a fine conversion order or a fine default unpaid community work order 25 63AD Variation etc. of fine conversion order or fine default unpaid community work order 26 63AE Application for variation etc. of a fine conversion order or fine default unpaid community work order 27 51 Warrant to seize property returned unsatisfied 28 52 New Division inserted 28 Division 4—Miscellaneous matters 28 64A Suspension by Secretary 28 64B Secretary may direct offender to report at another place or to another person 29 53 New sections 66A to 66E inserted 29 66A Notice of orders to be given 29 66B Oaths 29 66C Application of fines etc. 30 66D Penalty payable to body corporate 30 66E Order made by Court of Appeal 30 54 New Part heading inserted 30 55 Division 2 heading amended 31 56 Release on adjournment following conviction 31 57 Release on adjournment without conviction 31 -- 3 of 54 -- Section Page iv Authorised by the Chief Parliamentary Counsel 58 Division 3 heading amended 31 59 Residential treatment order 31 60 Division 4 heading amended 31 61 Division 2 heading amended 31 62 Sections 83AG to 83AQ substituted 32 83AG Commencement of a proceeding 32 83AH Time for commencing a proceeding 33 83AI Issue of summons or warrant to arrest 34 83AJ Transfer of a proceeding 34 83AK Issue of warrant to arrest on failure to comply with bail or summons 35 83AL Process where offender before higher court, orders of that court 36 83AM Process where offender before higher court, orders of Magistrates' Court 37 63 Powers of court on finding of guilt for contravention of order as to suspended sentence 38 64 Provisions applying to a superannuation order 38 65 Delegation 38 66 Regulations 38 67 Contravention—Old combined custody and treatment orders 39 68 Contravention—pre-existing home detention orders 39 69 Contravention—Old intensive correction orders 39 70 Contravention—Old community-based orders 40 PART 8—AMENDMENTS TO THE SENTENCING AMENDMENT (COMMUNITY CORRECTION REFORM) ACT 2011 42 71 Bond condition 42 PART 9—AMENDMENTS TO THE SUPREME COURT ACT 1986 44 72 New section 24G inserted 44 24G Protection of assessors 44 PART 10—CONSEQUENTIAL AND OTHER AMENDMENTS 45 Division 1—Criminal Procedure Act 2009 45 73 Definitions 45 74 Limitations on sentencing in absence of accused 45 Division 2—Infringements Act 2006 45 75 Powers of the Court 45 -- 4 of 54 -- Section Page v Authorised by the Chief Parliamentary Counsel Division 3—Justice Legislation Amendment (Infringement Offences) Act 2011 46 76 Amendment of commencement provision 46 77 Amendment of repeal provision 46 Division 4—Sex Offenders Registration Act 2004 46 78 Definitions 46 Division 5—Summary Offences Act 1966 47 79 Compensation 47 PART 11—REPEAL OF AMENDING ACT 48 80 Repeal of amending Act 48 ═══════════════ ENDNOTES 49 -- 5 of 54 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Courts and Sentencing Legislation Amendment Act 2012 † No. 26 of 2012 [Assented to 29 May 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to make miscellaneous amendments to the following Acts to improve their operation and for other purposes— (i) the Children, Youth and Families Act 2005; (ii) the County Court Act 1958; Victoria -- 6 of 54 -- Part 1—Preliminary Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 2 Authorised by the Chief Parliamentary Counsel (iii) the Judicial College of Victoria Act 2001; (iv) the Juries Act 2000; (v) the Magistrates' Court Act 1989; (vi) the Supreme Court Act 1986; and (b) to amend the Justice Legislation Amendment (Infringement Offences) Act 2011 to provide for the continuation of certain offences as infringement offences for a further 2 years; and (c) to amend the Sentencing Act 1991— (i) to make further provision for fine conversion orders and fine default unpaid community work orders; and (ii) to further provide for procedures for bringing a proceeding for contravention of a sentence; and (iii) to provide for other matters in that Act; and (d) to amend the Sentencing Amendment (Community Correction Reform) Act 2011 to further provide for the bond condition of a community correction order; and (e) to make minor and consequential amendments to other Acts. 2 Commencement (1) This Part, Part 4 and Division 3 of Part 10 come into operation on the day after the day on which the 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. s. 2 -- 7 of 54 -- Part 1—Preliminary Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 3 Authorised by the Chief Parliamentary Counsel (3) If a provision of this Act referred to in subsection (2) does not come into operation before 1 November 2012, it comes into operation on that day. __________________ s. 2 -- 8 of 54 -- Part 2—Amendments to the Children, Youth and Families Act 2005 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 4 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS TO THE CHILDREN, YOUTH AND FAMILIES ACT 2005 3 Child in custody to be brought before Court or bail justice (1) In section 346(3)(b) of the Children, Youth and Families Act 2005 after "21" insert "clear". (2) In section 346(5) of the Children, Youth and Families Act 2005 after "21" insert "clear". 4 Breach of bail In section 348 of the Children, Youth and Families Act 2005, after "21" insert "clear". 5 Breach of probation (1) In section 384(3)(b)(i) of the Children, Youth and Families Act 2005, after "office of magistrate" insert "or it is otherwise impracticable for the first-mentioned magistrate to constitute the Court". (2) Section 384(4) of the Children, Youth and Families Act 2005 is repealed. 6 Breach of youth supervision order (1) In section 392(3)(b)(i) of the Children, Youth and Families Act 2005 after "office of magistrate" insert "or it is otherwise impracticable for the first-mentioned magistrate to constitute the Court". See: Act No. 96/2005. Reprint No. 3 as at 1 January 2011 and amending Act Nos 51/2006, 53/2010, 27/2011, 29/2011, 54/2011 and 80/2011. LawToday: www. legislation. vic.gov.au s. 3 -- 9 of 54 -- Part 2—Amendments to the Children, Youth and Families Act 2005 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 5 Authorised by the Chief Parliamentary Counsel (2) Section 392(4) of the Children, Youth and Families Act 2005 is repealed. 7 Breach of youth attendance order (1) In section 408(7)(b)(i) of the Children, Youth and Families Act 2005 after "office of magistrate" insert "or it is otherwise impracticable for the first-mentioned magistrate to constitute the Court". (2) Section 408(8) of the Children, Youth and Families Act 2005 is repealed. 8 Jurisdiction of Koori Court (Criminal Division) (1) In section 518(b) of the Children, Youth and Families Act 2005, after "such a sentence" insert ", in the circumstances set out in section 518A". (2) After section 518(b) of the Children, Youth and Families Act 2005 insert— "(ba) jurisdiction to deal with a breach of a sentence imposed by the Children's Court (including any offence constituted by such a breach), or a variation of such a sentence, in the circumstances set out in section 518A; and". 9 New section 518A inserted After section 518 of the Children, Youth and Families Act 2005 insert— "518A Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court For the purposes of section 518(b) and (ba), the circumstances are— (a) the child is Aboriginal; and s. 7 -- 10 of 54 -- Part 2—Amendments to the Children, Youth and Families Act 2005 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 6 Authorised by the Chief Parliamentary Counsel (b) the offence to which the sentence relates is within the jurisdiction of the Criminal Division, other than a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; and (c) in the case of an offence constituted by a breach of a sentence referred to in section 518(b) or (ba), the child— (i) intends to plead guilty to the offence; or (ii) pleads guilty to the offence; or (iii) has been found guilty of the offence by the Criminal Division; and (d) the child consents to the proceeding being dealt with by the Koori Court (Criminal Division).". 10 Circumstances in which a child may be taken into safe custody In section 598(3) of the Children, Youth and Families Act 2005, after "the member of the police force who executed the warrant" insert "or another member of the police force". 11 New sections 620 and 621 inserted After section 619 of the Children, Youth and Families Act 2005 insert— "620 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012 Despite the commencement of sections 3 and 4 of the Courts and Sentencing Legislation Amendment Act 2012, an order made and in force under section 346 or 348 immediately before that commencement s. 10 -- 11 of 54 -- Part 2—Amendments to the Children, Youth and Families Act 2005 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 7 Authorised by the Chief Parliamentary Counsel continues in force on and from that commencement as if sections 346 and 348 had not been amended by sections 3 and 4 of that Act. 621 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012 This Act as amended by sections 8 and 9 of the Courts and Sentencing Legislation Amendment Act 2012 applies to a proceeding for an offence or a breach of sentence (including any offence constituted by such a breach) irrespective of whether the offence or breach is alleged to have been committed, or the sentence was imposed, before or on or after the commencement of those sections.". 12 Schedule 3 amended—CAYPINS In clause 2 of Schedule 3 to the Children, Youth and Families Act 2005 for the definition of registrar substitute— "registrar means principal registrar or registrar.". __________________ s. 12 -- 12 of 54 -- Part 3—Amendments to the County Court Act 1958 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 8 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO THE COUNTY COURT ACT 1958 13 Jurisdiction of Koori Court Division (1) In section 4B(b) of the County Court Act 1958— (a) for "breach" (wherever occurring) substitute "contravention"; (b) after "such a sentence" insert ", in the circumstances set out in section 4DA". (2) After section 4B(b) of the County Court Act 1958 insert— "(ba) jurisdiction to deal with a contravention of a sentence imposed by the County Court (including any offence constituted by such a contravention), or a variation of such a sentence, in the circumstances set out in section 4DA; and". 14 Dealing with proceedings for certain offences In section 4C of the County Court Act 1958, for "breach" substitute "contravention". 15 New section 4DA inserted After section 4D of the County Court Act 1958 insert— "4DA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court For the purposes of sections 4B(b) and (ba), the circumstances are— (a) the accused is Aboriginal; and (b) the offence to which the sentence relates is within the jurisdiction of the County Court, other than— See: Act No. 6230. Reprint No. 14 as at 1 August 2010 and amending Act Nos 34/2010, 47/2010, 64/2010, 50/2011 and 65/2011. LawToday: www. legislation. vic.gov.au s. 13 -- 13 of 54 -- Part 3—Amendments to the County Court Act 1958 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 9 Authorised by the Chief Parliamentary Counsel (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or (ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; and (c) in the case of an offence constituted by a contravention of a sentence referred to in section 4B(b) or (ba), the accused pleads guilty to the offence; and (d) the accused consents to the proceeding being dealt with by the Koori Court Division; and (e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.". 16 New section 48CA inserted After section 48C of the County Court Act 1958 insert— "48CA Protection of assessors An assessor called in for assistance in a proceeding under section 48A has, in the performance of his or her duties as an assessor in the proceeding, the same protection and immunity as a judge of the Court has in the performance of his or her duties as a judge.". s. 16 -- 14 of 54 -- Part 3—Amendments to the County Court Act 1958 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 10 Authorised by the Chief Parliamentary Counsel 17 New section 95 inserted After section 94 of the County Court Act 1958 insert— "95 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012 This Act, as amended by sections 13 and 15 of the Courts and Sentencing Legislation Amendment Act 2012, applies to a proceeding for an offence or a contravention of sentence irrespective of whether the offence or contravention is alleged to have been committed, or the sentence was imposed, before or on or after the commencement of those sections.". __________________ s. 17 -- 15 of 54 -- Part 4—Amendments to the Judicial College of Victoria Act 2001 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 11 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENTS TO THE JUDICIAL COLLEGE OF VICTORIA ACT 2001 18 Definitions In section 3 of the Judicial College of Victoria Act 2001, in the definition of judicial officer— (a) in paragraph (a) for "or an Associate Judge" substitute ", an Associate Judge or a judicial registrar"; (b) in paragraph (b) for "or an associate judge" substitute ", an associate judge or a judicial registrar"; (c) in paragraph (c) after "or a magistrate" insert "or a judicial registrar"; (d) for paragraph (d) substitute— "(d) a coroner within the meaning of the Coroners Act 2008 or a judicial registrar of the Coroners Court; or". __________________ See: Act No. 20/2001. Reprint No. 1 as at 10 May 2007 and amending Act No. 24/2008. LawToday: www. legislation. vic.gov.au s. 18 -- 16 of 54 -- Part 5—Amendment to the Juries Act 2000 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 12 Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENT TO THE JURIES ACT 2000 19 Jury pools After section 29(3) of the Juries Act 2000 insert— "(3A) Without limiting subsection (3), the Juries Commissioner may also cause to be prepared a document bearing a number that identifies the person and the occupation of the person.". 20 Selection of panels In section 30(4) of the Juries Act 2000 omit ", and the names of the persons constituting the panel must be delivered to that person". 21 Information for panel In section 32(4) of the Juries Act 2000, after "the jury pool" insert "at the completion of the swearing in of the jury,". __________________ See: Act No. 53/2000. Reprint No. 2 as at 16 July 2007 and amending Act Nos 38/2008, 68/2009, 69/2009, 9/2010, 13/2010, 29/2010, 65/2011, 66/2011 and 70/2011. LawToday: www. legislation. vic.gov.au s. 19 -- 17 of 54 -- Part 6—Amendments to the Magistrates' Court Act 1989 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 13 Authorised by the Chief Parliamentary Counsel PART 6—AMENDMENTS TO THE MAGISTRATES' COURT ACT 1989 22 Jurisdiction of Koori Court Division (1) In section 4E(b) of the Magistrates' Court Act 1989— (a) for "breach" (wherever occurring) substitute "contravention"; and (b) after "such a sentence" insert ", in the circumstances set out in section 4EA". (2) After section 4E(b) of the Magistrates' Court Act 1989 insert— "(ba) jurisdiction to deal with a contravention of a sentence imposed by the Magistrates' Court (including any offence constituted by such a contravention), or variation of such a sentence, in the circumstances set out in section 4EA; and". 23 New section 4EA inserted After section 4E of the Magistrates' Court Act 1989 insert— "4EA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by another Division of the Magistrates' Court For the purposes of sections 4E(b) and (ba), the circumstances are— (a) the accused is Aboriginal; and (b) the offence to which the sentence relates is within the jurisdiction of the Magistrates' Court, other than— (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or See: Act No. 51/1989. Reprint No. 16 as at 1 January 2012 and amending Act Nos 51/2006, 52/2008, 12/2010 and 65/2011. LawToday: www. legislation. vic.gov.au s. 22 -- 18 of 54 -- Part 6—Amendments to the Magistrates' Court Act 1989 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 14 Authorised by the Chief Parliamentary Counsel (ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; or (iii) a contravention of a personal safety intervention order under the Personal Safety Intervention Orders Act 2010 or an offence arising out of the same conduct as that out of which the contravention arose; and (c) in the case of an offence constituted by a contravention of a sentence referred to in section 4E(b) or (ba), the accused— (i) intends to plead guilty to the offence; or (ii) pleads guilty to the offence; or (iii) intends to consent to the adjournment, under section 59 of the Criminal Procedure Act 2009, of the proceeding to enable the accused to participate in a diversion program; and (d) the accused consents to the proceeding being dealt with by the Koori Court Division.". 24 Circumstances in which the Koori Court Division may deal with certain offences In section 4F(1) of the Magistrates' Court Act 1989, for "breach" substitute "contravention". s. 24 -- 19 of 54 -- Part 6—Amendments to the Magistrates' Court Act 1989 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 15 Authorised by the Chief Parliamentary Counsel 25 Schedule 8 amended In Schedule 8 to the Magistrates' Court Act 1989, after clause 46 insert— "48 Transitional provisions—Courts and Sentencing Legislation Amendment Act 2012 This Act as amended by sections 22 and 23 of the Courts and Sentencing Legislation Amendment Act 2012 applies to a proceeding for an offence or a contravention of sentence (including any offence constituted by such a contravention) irrespective of whether the offence or contravention is alleged to have been committed, or the sentence was imposed, before or on or after the commencement of those sections.". __________________ s. 25 -- 20 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 16 Authorised by the Chief Parliamentary Counsel PART 7—AMENDMENTS TO THE SENTENCING ACT 1991 26 Purposes In section 1(c)(ii) of the Sentencing Act 1991, after "breach" insert "or contravene". 27 Definitions (1) In section 3(1) of the Sentencing Act 1991 insert the following definition— "community correction order means an order made under Part 3A;". (2) In section 3(1) of the Sentencing Act 1991, the definition of contravention summons is repealed. (3) In section 3(1) of the Sentencing Act 1991, in the definition of fine conversion order after "section 55(1)(d)" insert "or (3)". (4) In section 3(1) of the Sentencing Act 1991, in the definition of fine default unpaid community work order for "or section 62A" substitute ", 62A or 64(4)". (5) In section 3(1) of the Sentencing Act 1991, in the definition of instalment order— (a) omit "Division 1 of"; (b) for "that Division" substitute "that Part". See: Act No. 49/1991. Reprint No. 13 as at 17 February 2012 and amending Act No. 68/2010. LawToday: www. legislation. vic.gov.au s. 26 -- 21 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 17 Authorised by the Chief Parliamentary Counsel (6) In section 3(1) of the Sentencing Act 1991, in the definition of Regional Manager after paragraph (b) insert— "(ba) a fine conversion order; or". 28 Time held in custody before trial etc. to be deducted from sentence In section 18(1) of the Sentencing Act 1991, for "section 31" (wherever occurring) substitute "section 83AR". 29 New section 18ZT inserted After section 18ZS of the Sentencing Act 1991 insert— "18ZT Order made by Court of Appeal For the purposes of any proceeding under this Subdivision— (a) a drug treatment order made by the Court of Appeal on an appeal must be taken to have been made by the court from whose decision the appeal was brought; and (b) the provisions about proceedings under this Subdivision apply as if the court from which the appeal was made were the sentencing court.". 30 Suspended sentence of imprisonment (1) In section 27(1A)(b) of the Sentencing Act 1991, for "breached" substitute "contravened". s. 28 -- 22 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 18 Authorised by the Chief Parliamentary Counsel (2) For section 27(9) of the Sentencing Act 1991 substitute— "(9) For the purposes of any proceeding under this Subdivision or Division 2 of Part 3C— (a) a suspended sentence of imprisonment made by the Court of Appeal on an appeal must be taken to have been made by the court from whose decision the appeal was brought; and (b) the provisions about proceedings under this Subdivision or Division 2 of Part 3C apply as if the court from which the appeal was made were the sentencing court.". 31 Unpaid community work where there are several orders For section 42 of the Sentencing Act 1991 substitute— "42 Concurrent unpaid community work where there are several orders (1) The number of hours of unpaid community work required to be performed under a fines order must, unless otherwise directed by the court, be performed concurrently with any hours of unpaid community work required to be performed under any community correction order that is in force in respect of the offender whether the community correction order is made before or at the same time as the fines order. (2) In this section, fines order means a fine conversion order or fine default unpaid community work order.". s. 31 -- 23 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 19 Authorised by the Chief Parliamentary Counsel 32 Terms of a community correction order After section 45(1)(a) of the Sentencing Act 1991 insert— "(ab) the offender must comply with any obligation or requirement prescribed by the regulations;". 33 Court may attach conditions In section 47(2)(b) of the Sentencing Act 1991, for "Division 3 of Part 3B" substitute "Division 2 of Part 3BA". 34 Residual condition In section 48(2) of the Sentencing Act 1991, for "Division 3 of Part 3B" substitute "Division 2 of Part 3BA". 35 Unpaid community work condition In section 48C(6) of the Sentencing Act 1991, for "an activity" substitute "unpaid community work". 36 Application for variation etc. of a community correction order (1) For section 48N(2)(b) of the Sentencing Act 1991 substitute— "(b) if the sentencing court was— (i) the Magistrates' Court, to the informant or police prosecutor; or (ii) the Supreme Court or the County Court, to the Director of Public Prosecutions; and". (2) Section 48N(2)(c) of the Sentencing Act 1991 is repealed. s. 32 -- 24 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 20 Authorised by the Chief Parliamentary Counsel 37 Order made by Court of Appeal For section 48Q of the Sentencing Act 1991 substitute— "48Q Order made by Court of Appeal For the purposes of any proceeding under this Part or Division 2 of Part 3C— (a) a community correction order made by the Court of Appeal on an appeal must be taken to have been made by the court from whose decision the appeal was brought; and (b) the provisions about proceedings under this Part or Division 2 of Part 3C apply as if the court from which the appeal was made were the sentencing court.". 38 Heading to Part 3B amended In the heading to Part 3B of the Sentencing Act 1991, for "OTHER ORDERS" substitute "FINES". 39 Amount of fine where no amount prescribed In section 52 of the Sentencing Act 1991, for "(3)(a)" substitute "(3)". 40 New Division heading inserted After section 52 of the Sentencing Act 1991 insert— "Division 2—Fines—instalment orders, time to pay orders and variation orders". 41 Application by person fined (1) In section 55(1)(d) of the Sentencing Act 1991, for "Regional Manager" substitute "Secretary". (2) In section 55(3) of the Sentencing Act 1991, for "Regional Manager" substitute "Secretary". s. 37 -- 25 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 21 Authorised by the Chief Parliamentary Counsel 42 Section 57 repealed Section 57 of the Sentencing Act 1991 is repealed. 43 Section 58 repealed Section 58 of the Sentencing Act 1991 is repealed. 44 Section 59 repealed Section 59 of the Sentencing Act 1991 is repealed. 45 Section 60 repealed Section 60 of the Sentencing Act 1991 is repealed. 46 New Division heading and new section 61A inserted After section 61 of the Sentencing Act 1991 insert— "Division 3—Fines—unpaid community work, default and imprisonment 61A Terms of a fine conversion order (1) The following terms are attached to each fine conversion order— (a) the offender must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment; (b) the offender must comply with any obligation or requirement prescribed by the regulations; s. 42 -- 26 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 22 Authorised by the Chief Parliamentary Counsel (c) the offender must report to, and receive visits from the Secretary during the period of the order; (d) the offender must report to the community corrections centre specified in the order within 2 clear working days after the order comes into force; (e) the offender must notify the Secretary of any change of address or employment within 2 clear working days after the change; (f) the offender must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary; (g) the offender must comply with any direction given by the Secretary that it is necessary for the Secretary to give to ensure that the offender complies with the order. (2) A direction may be given by the Secretary under subsection (1)(g) either orally or in writing.". 47 Enforcement of fines against natural persons In section 62(10)(a) of the Sentencing Act 1991, for "Regional Manager" substitute "Secretary". 48 Power to make fine default unpaid community work order In section 62A of the Sentencing Act 1991, for "Regional Manager" substitute "Secretary". s. 47 -- 27 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 23 Authorised by the Chief Parliamentary Counsel 49 New section 62B inserted After section 62A of the Sentencing Act 1991 insert— "62B Terms of a fine default unpaid community work order (1) The following terms are attached to each fine default unpaid community work order— (a) the offender must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment; (b) the offender must comply with any obligation or requirement prescribed by the regulations; (c) the offender must report to, and receive visits from the Secretary during the period of the order; (d) the offender must report to the community corrections centre specified in the order within 2 clear working days after the order comes into force; (e) the offender must notify the Secretary of any change of address or employment within 2 clear working days after the change; (f) the offender must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary; (g) the offender must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that the offender complies with the order. s. 49 -- 28 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 24 Authorised by the Chief Parliamentary Counsel (2) A direction may be given by the Secretary under subsection (1)(g) either orally or in writing.". 50 New sections inserted after section 63 After section 63 of the Sentencing Act 1991 insert— "63AA Period of unpaid community work to be performed (1) The number of hours ordered by the court that an offender must perform unpaid community work as specified in an item in column 1 of the Table to this subsection may be performed over a period that is equal to or less than the period specified opposite the number of hours in the item in column 2 of the Table. TABLE Item Column 1 Column 2 Hours of unpaid community work Maximum period of order 1 376 to 500 24 months 2 251 to 375 18 months 3 126 to 250 12 months 4 51 to 125 6 months 5 50 or less 3 months (2) The period over which unpaid community work must be performed, that a court specifies in a fine conversion order or a fine default unpaid community work order, must not be such a period as would require an offender to perform more than 20 hours of unpaid community work in any 7 day period. s. 50 -- 29 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 25 Authorised by the Chief Parliamentary Counsel (3) Despite subsection (2) an offender may perform unpaid community work for up to 40 hours in a period of 7 days if he or she requests to do so and signs a written consent to performing the extra number of hours. (4) A fine conversion order or fine default unpaid community work order, expires on the satisfactory completion of the hours of work that the court ordered that the offender must perform. 63AB Cumulative unpaid community work where there are several orders (1) The number of hours of unpaid community work required to be performed by an offender under a fines order must, unless otherwise directed by a court, be performed cumulatively on any hours of unpaid community work required to be performed under another fines order that is in force in respect of the offender, whether the other fines order is made before or at the same time as the first mentioned order. (2) A court must not give a direction under this section that is not consistent with section 63AA. (3) In this section, fines order means a fine conversion order or fine default unpaid community work order. 63AC Period of a fine conversion order or a fine default unpaid community work order (1) The period of a fine conversion order or a fine default unpaid community work order is the period determined by the court in accordance with section 63AA. s. 50 -- 30 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 26 Authorised by the Chief Parliamentary Counsel (2) The court must fix the date on which a fine conversion order or a fine default unpaid community work order commences, which must not be more than 3 months after the order is made. 63AD Variation etc. of fine conversion order or fine default unpaid community work order (1) On an application under section 63AE, the court which made a fine conversion order or a fine default unpaid community work order may decide to deal with the order under subsection (2), if the court is satisfied that— (a) the circumstances of the offender have materially altered since the order was made and as a result the offender will not be able to comply with the order; or (b) the circumstances of the offender were wrongly stated or were not accurately presented to the court before the order was made; or (c) the offender no longer consents to the order. (2) If satisfied of a matter set out in subsection (1), the court may decide to deal with the order in one or more of the following ways— (a) by confirming the order or a part of the order; or (b) by cancelling the order and dealing with the offender for the offence or offences with respect to which the order was made in any manner in which the court could deal with the offender if it had just found him or her guilty of that offence or those offences; or s. 50 -- 31 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 27 Authorised by the Chief Parliamentary Counsel (c) by cancelling the order and making no further order in respect of the offence or offences with respect to which the order was originally made; or (d) by varying the order. (3) The court must make a decision under subsection (2) on the basis of its assessment of the extent to which the offender has complied with the order. 63AE Application for variation etc. of a fine conversion order or fine default unpaid community work order (1) An application for the court to deal with a fine conversion order or fine default unpaid community work order under section 63AD may be made at any time while the order is in force by— (a) a prescribed person or a member of a prescribed class of person; or (b) the informant or police prosecutor (if the sentencing court was the Magistrates' Court); or (c) the Director of Public Prosecutions; or (d) the offender; or (e) the Secretary. (2) Notice of an application under subsection (1) must be given— (a) to the offender, if the application is not made by the offender; and (b) if the sentencing court was— (i) the Magistrates' Court, to the informant or police prosecutor; or s. 50 -- 32 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 28 Authorised by the Chief Parliamentary Counsel (ii) the Supreme Court or the County Court, to the Director of Public Prosecutions; and (c) any prescribed person or a member of any prescribed class of person; and (d) the Secretary. (3) The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the hearing of the application.". 51 Warrant to seize property returned unsatisfied In section 64(4) of the Sentencing Act 1991, for "make a community-based order" substitute "make a fine default unpaid community work order". 52 New Division inserted After section 64 of the Sentencing Act 1991 insert— "Division 4—Miscellaneous matters 64A Suspension by Secretary (1) The Secretary may suspend the operation of a fine conversion order or fine default unpaid community work order or any condition of that order for a period. (2) The Secretary may suspend an order or any condition of the order under subsection (1)— (a) if the offender is ill; or (b) in other exceptional circumstances. s. 51 -- 33 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 29 Authorised by the Chief Parliamentary Counsel (3) If the Secretary suspends the operation of an order or a condition of an order under subsection (1), the period of the suspension does not count in calculating the period for which the order is to remain in force. 64B Secretary may direct offender to report at another place or to another person (1) If, because an offender has changed his or her place of residence or for any other reason it is not convenient that the offender should report at a place or to a person specified in a fine conversion order or fine default unpaid community work order, the Secretary may direct the offender to report at another place or to another person. (2) An offender must report as directed under subsection (1) as if that place or person had been specified in the order.". 53 New sections 66A to 66E inserted After section 66 of the Sentencing Act 1991 insert— "66A Notice of orders to be given An order under this Part is not binding on an offender if the offender has not been given notice of it in the manner required by or under this Part. 66B Oaths A court, or a proper officer of a court, may administer an oath for the purposes of proceedings under this Part. s. 53 -- 34 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 30 Authorised by the Chief Parliamentary Counsel 66C Application of fines etc. The whole or any part of a fine, penalty or sum of money which by or under any Act is authorised or directed to be imposed on a person forms part of, and must be paid into, the Consolidated Fund if no other way of appropriating or applying it is prescribed by law. 66D Penalty payable to body corporate A forfeiture or penalty payable to a party aggrieved under an Act relating to an offence (whether indictable or summary) is payable to a body corporate if it is the party aggrieved. 66E Order made by Court of Appeal For the purposes of any proceeding under this Part or Division 2 of Part 3C— (a) a fine or a fine conversion order or fine default unpaid community work order made by the Court of Appeal on an appeal must be taken to have been made by the court from whose decision the appeal was brought; and (b) the provisions about proceedings under this Part or Division 2 of Part 3C apply as if the court from which the appeal was made were the sentencing court.". 54 New Part heading inserted After Division 1 of Part 3B of the Sentencing Act 1991 insert— "__________________ PART 3BA—SENTENCES—OTHER ORDERS". s. 54 -- 35 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 31 Authorised by the Chief Parliamentary Counsel 55 Division 2 heading amended In the heading to Division 2 of Part 3B of the Sentencing Act 1991, for "Division 2" substitute "Division 1". 56 Release on adjournment following conviction In section 72(3) of the Sentencing Act 1991, for "Division 3 of Part 3B" substitute "Division 2 of Part 3BA". 57 Release on adjournment without conviction In section 75(3) of the Sentencing Act 1991, for "Division 3 of Part 3B" substitute "Division 2 of Part 3BA". 58 Division 3 heading amended In the heading to Division 3 of Part 3B of the Sentencing Act 1991, for "Division 3" substitute "Division 2". 59 Residential treatment order In section 82AA(1)(a) of the Sentencing Act 1991, for "serious offence" substitute "serious offence within the meaning of the definition of serious offence in section 3(1)". 60 Division 4 heading amended In the heading to Division 4 of Part 3B of the Sentencing Act 1991, for "Division 4" substitute "Division 3". 61 Division 2 heading amended For the heading to Division 2 of Part 3C of the Sentencing Act 1991 substitute— "Division 2—Procedure for contravention offence". s. 55 -- 36 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 32 Authorised by the Chief Parliamentary Counsel 62 Sections 83AG to 83AQ substituted For sections 83AG to 83AQ of the Sentencing Act 1991 substitute— "83AG Commencement of a proceeding (1) A proceeding for an offence under section 83AB, 83AC, 83AD, 83AE or 83AF is commenced by filing a charge-sheet in the Magistrates' Court. (2) A charge-sheet must be filed under subsection (1) by— (a) the Director of Public Prosecutions; or (b) a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or (c) a member of staff of the Office of Public Prosecutions who is a legal practitioner; or (d) a member of the police force; or (e) a prescribed person; or (f) a member of a prescribed class of person; or (g) the Secretary— as the case requires. (3) Subject to this Act, a proceeding commenced under this Division is to be in accordance with the provisions of and regulations and rules made under— (a) the Criminal Procedure Act 2009; (b) the Bail Act 1977; (c) the Magistrates' Court Act 1989— with any necessary modifications, and in particular with the modification that a s. 62 -- 37 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 33 Authorised by the Chief Parliamentary Counsel reference to a person accused of an offence or an accused person, is taken to be a reference to the offender. (4) In particular, without limiting subsection (3), section 12 of the Criminal Procedure Act 2009 applies to a proceeding commenced under this section with the modification that a reference to section 6 is taken to be a reference to section 83AG of this Act. 83AH Time for commencing a proceeding (1) A proceeding for an offence under section 83AB, 83AC or 83AD must be commenced— (a) if the contravention is constituted by the offender committing another offence punishable by imprisonment while the order is in force, within 6 months after the person is convicted or found guilty of the later offence, subject to subsection (2); or (b) if the contravention is not constituted by the offender committing another offence punishable by imprisonment while the order is in force, within 1 year after the order ceases to be in force. (2) A proceeding for an offence under section 83AB, 83AC or 83AD to which subsection (1)(a) applies must not be commenced more than 2 years after the order ceases to be in force. Note The time limit for the commencement of a proceeding for a summary offence under section 7 of the Criminal Procedure Act 2009 applies to an offence against section 83AE or 83AF. s. 62 -- 38 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 34 Authorised by the Chief Parliamentary Counsel 83AI Issue of summons or warrant to arrest (1) A summons issued for the purposes of a proceeding commenced under section 83AG for an offence under section 83AB, 83AC or 83AD must direct the offender to attend to answer to the charge— (a) at the proper venue of the Magistrates' Court, if the order that is the subject of the offence was made by the Magistrates' Court; or (b) at the Supreme Court or the County Court, if the order that is the subject of the offence was made by either court. (2) A warrant to arrest issued for the purposes of a proceeding commenced under section 83AG for an offence under section 83AB, 83AC or 83AD must— (a) be issued in accordance with Part 4 of the Magistrates' Court Act 1989; and (b) authorise the person to whom it is directed to bring the offender when arrested before a bail justice or the sentencing court to be dealt with according to law. 83AJ Transfer of a proceeding (1) If a proceeding is commenced under section 83AG for an offence under section 83AB, 83AC or 83AD, and the Magistrates' Court did not make the order that is the subject of the offence, the Magistrates' Court must order that the proceeding be transferred to the appropriate venue of the sentencing court. s. 62 -- 39 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 35 Authorised by the Chief Parliamentary Counsel (2) An order made under subsection (1) that transfers a proceeding takes effect— (a) if a summons has been issued under section 83AI(1) on the filing of the evidence of service of the summons in the sentencing court; or (b) if a warrant to arrest has been issued under section 83AI(2) on the execution of the warrant against the offender. (3) The Magistrates' Court under subsection (1) may be constituted by a proper officer of the court. (4) If a proceeding is transferred to the Supreme Court or the County Court under subsection (1) it may be heard and determined without a jury and in accordance with Chapter 3 of the Criminal Procedure Act 2009 subject to any modifications as set out in the rules of the court. 83AK Issue of warrant to arrest on failure to comply with bail or summons If a proceeding is transferred under section 83AJ and an offender does not attend before the sentencing court— (a) in accordance with his or her undertaking of bail; or (b) in answer to a summons which has been served— the sentencing court may issue a warrant to arrest the offender. s. 62 -- 40 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 36 Authorised by the Chief Parliamentary Counsel 83AL Process where offender before higher court, orders of that court (1) If in a proceeding before the Supreme Court or the County Court (the relevant sentencing court)— (a) an offender is before the relevant sentencing court and is convicted or found guilty of the offence that is the subject of the proceeding; and (b) the conviction or finding of guilt constitutes a contravention of an order (the original order) under this Act applying to the offender, in respect of which a charge-sheet may be filed for an offence under section 83AB, 83AC or 83AD; and (c) the original order was made by the relevant sentencing court— despite anything to the contrary in this Division, the proceeding for the offence under section 83AB, 83AC or 83AD may be commenced by filing a charge-sheet in the relevant sentencing court. (2) If a charge-sheet is filed in the relevant sentencing court under subsection (1) it must be filed by— (a) the Director of Public Prosecutions; or (b) a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or (c) a member of staff of the Office of Public Prosecutions who is a legal practitioner; or (d) a member of the police force; or s. 62 -- 41 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 37 Authorised by the Chief Parliamentary Counsel (e) a prescribed person; or (f) a member of a prescribed class of person; or (g) the Secretary— as the case requires. (3) The relevant sentencing court may hear and determine the charge for the offence under section 83AB, 83AC or 83AD without a jury and in accordance with Chapter 3 of the Criminal Procedure Act 2009, subject to any modifications as set out in the rules of the relevant sentencing court. 83AM Process where offender before higher court, orders of Magistrates' Court (1) If in a proceeding before the Supreme Court or the County Court (the relevant sentencing court)— (a) an offender is before the relevant sentencing court and is convicted or found guilty of the offence that is the subject of the proceeding; and (b) the conviction or finding of guilt constitutes a contravention of an order (the original order) under this Act applying to the offender, in respect of which a charge-sheet may be filed for an offence under section 83AB, 83AC or 83AD; and (c) the original order was made by the Magistrates' Court— despite anything to the contrary in this Division, the relevant sentencing court may proceed to hear and determine the proceeding for the offence under section 83AB, 83AC or 83AD as if it were s. 62 -- 42 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 38 Authorised by the Chief Parliamentary Counsel an unrelated summary offence within the meaning of section 243 of the Criminal Procedure Act 2009. (2) Section 243 of the Criminal Procedure Act 2009 applies to the proceeding for the offence under section 83AB, 83AC or 83AD— (a) subject to any modifications as set out in the rules of the relevant sentencing court; and (b) with any other necessary modifications.". 63 Powers of court on finding of guilt for contravention of order as to suspended sentence Section 83AR(7) of the Sentencing Act 1991 is repealed. 64 Provisions applying to a superannuation order (1) In section 83H of the Sentencing Act 1991 omit "59,". (2) In section 83H of the Sentencing Act 1991 for "64 and 65" substitute "64, 65 and 66C". 65 Delegation In section 115B(1)(a) of the Sentencing Act 1991, after "Part 3A" insert "or Part 3B". 66 Regulations After section 116(1)(c) of the Sentencing Act 1991 insert— "(ca) fine conversion orders or fine default unpaid community work orders, including but not limited to the commencement of those orders, the matters to be specified in those orders, the supply of copies of those orders s. 63 -- 43 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 39 Authorised by the Chief Parliamentary Counsel to specified persons and the obligations of persons subject to those orders; and". 67 Contravention—Old combined custody and treatment orders For clause 7(4)(a) of Schedule 3 to the Sentencing Act 1991 substitute— "(a) whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or". 68 Contravention—pre-existing home detention orders For clause 8(4)(a) of Schedule 3 to the Sentencing Act 1991 substitute— "(a) whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or". 69 Contravention—Old intensive correction orders For clause 9(4)(a) of Schedule 3 to the Sentencing Act 1991 substitute— "(a) whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or". s. 67 -- 44 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 40 Authorised by the Chief Parliamentary Counsel 70 Contravention—Old community-based orders (1) After clause 10(1) of Schedule 3 to the Sentencing Act 1991 insert— "(1A) An offender who is subject to an old community-based order (fines) must not, unless that person has a reasonable excuse, contravene that order. Penalty: Level 10 fine.". (2) After clause 10(2) of Schedule 3 to the Sentencing Act 1991 insert— "(2A) Subclause (1A) does not apply to a contravention of an old community-based order (fines) that occurs before the commencement of section 70 of the Courts and Sentencing Legislation Amendment Act 2012.". (3) In clause 10(3) of Schedule 3 to the Sentencing Act 1991 for "subclause (1)" (wherever occurring) substitute "subclause (1) or (1A)". (4) After clause 10(3) of Schedule 3 to the Sentencing Act 1991 insert— '(3A) In addition to subclause (3) and subject to subclause (4)— (a) Part 3C applies to an offence under subclause (1A) where an offender is subject to an old community-based order (fines) as if any reference in that Part to an offence under section 83AD were a reference to an offence under subclause (1A); and (b) section 63A(3) applies to an offence under subclause (1A) as if in that section a reference to a "fine conversion order or a fine default unpaid community work order" were a s. 70 -- 45 of 54 -- Part 7—Amendments to the Sentencing Act 1991 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 41 Authorised by the Chief Parliamentary Counsel reference to an "old community-based order (fines),".'. (5) In clause 10(4) of Schedule 3 to the Sentencing Act 1991 for "subclause (1)" substitute "subclause (1) or (1A)". (6) For clause 10(4)(a) of Schedule 3 to the Sentencing Act 1991 substitute— "(a) whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or". (7) After clause 10(5) of Schedule 3 to the Sentencing Act 1991 insert— "(6) In this clause, old community-based order (fines) means an old community-based order made under Division 4 of Part 3 before the commencement of section 70 of the Courts and Sentencing Legislation Amendment Act 2012.". __________________ s. 70 -- 46 of 54 -- Part 8—Amendments to the Sentencing Amendment (Community Correction Reform) Act 2011 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 42 Authorised by the Chief Parliamentary Counsel PART 8—AMENDMENTS TO THE SENTENCING AMENDMENT (COMMUNITY CORRECTION REFORM) ACT 2011 71 Bond condition (1) For section 48JA(4) of the Sentencing Act 1991, as proposed to be inserted by section 58 of the Sentencing Amendment (Community Correction Reform) Act 2011 substitute— "(4) Any money paid by an offender under subsection (1)— (a) must be paid to the court making the order; and (b) despite any provision to the contrary in the Supreme Court Act 1986, the County Court Act 1958 or the Magistrates' Court Act 1989, must be held on trust by the Crown in a trust account established by the Minister under section 23 of the Financial Management Act 1994 until the money is required to be repaid or forfeited under this Act.". (2) For section 48JA(5) of the Sentencing Act 1991, as proposed to be inserted by section 58 of the Sentencing Amendment (Community Correction Reform) Act 2011 substitute— "(5) If any interest is received from the investment of any money paid by an offender under subsection (1) the interest must be credited to the Consolidated Fund, whether or not any of the money is repaid to the offender under this section. See: Act No. 65/2011. Statute Book: www. legislation. vic.gov.au s. 71 -- 47 of 54 -- Part 8—Amendments to the Sentencing Amendment (Community Correction Reform) Act 2011 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 43 Authorised by the Chief Parliamentary Counsel (6) If money paid under subsection (1) is to be repaid to an offender as a result of the making of an order to cancel or vary or otherwise deal with a community correction order or bond condition under section 48M(2) or 83AS(1), the Crown must repay the money to the offender within 7 days after the order is made, unless the court orders a longer period. (7) The Crown must repay to the offender any money paid under subsection (1), that is not liable for forfeiture under section 83AS(4) and that subsection (6) does not apply to— (a) 3 months after the expiry of the order; or (b) if no later than 3 months after the expiry of the order, the offender is charged with an offence punishable by imprisonment that was committed during the period of the order, 7 days after the proceeding is finalised— whichever is the later. (8) For the purposes of this section a proceeding is finalised— (a) after the final determination of the charge by a court; or (b) when the charge is withdrawn; or (c) when the prosecution of the charge is discontinued. (9) All money forfeited to the Crown under section 83AS(4) must be paid into the Consolidated Fund.". __________________ s. 71 -- 48 of 54 -- Part 9—Amendments to the Supreme Court Act 1986 Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 44 Authorised by the Chief Parliamentary Counsel PART 9—AMENDMENTS TO THE SUPREME COURT ACT 1986 72 New section 24G inserted After section 24F of the Supreme Court Act 1986 insert— "24G Protection of assessors An assessor called in for assistance in a proceeding under section 77 has, in the performance of his or her duties as an assessor in the proceeding, the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.". __________________ See: Act No. 110/1986. Reprint No. 7 as at 1 January 2011 and amending Act No. 50/2011. LawToday: www. legislation. vic.gov.au s. 72 -- 49 of 54 -- Part 10—Consequential and Other Amendments Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 45 Authorised by the Chief Parliamentary Counsel PART 10—CONSEQUENTIAL AND OTHER AMENDMENTS Division 1—Criminal Procedure Act 2009 73 Definitions In section 3 of the Criminal Procedure Act 2009, in the definition of sentence in paragraph (b) after "3B," insert "3BA,". 74 Limitations on sentencing in absence of accused In section 87(2)(a) of the Criminal Procedure Act 2009 omit "Division 1 of". Division 2—Infringements Act 2006 75 Powers of the Court In section 160(3)(e) of the Infringements Act 2006, for "Division 1" substitute "Division 3". See: Act No. 7/2009. Reprint No. 2 as at 18 March 2012 and amending Act No. 65/2010. LawToday: www. legislation. vic.gov.au s. 73 See: Act No. 12/2006. Reprint No. 3 as at 22 June 2011 and amending Act Nos 65/2010, 74/2010, 65/2011 and 71/2011. LawToday: www. legislation. vic.gov.au -- 50 of 54 -- Part 10—Consequential and Other Amendments Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 46 Authorised by the Chief Parliamentary Counsel Division 3—Justice Legislation Amendment (Infringement Offences) Act 2011 76 Amendment of commencement provision In section 2(5) of the Justice Legislation Amendment (Infringement Offences) Act 2011, for "1 July 2012" substitute "1 July 2014". 77 Amendment of repeal provision In section 10 of the Justice Legislation Amendment (Infringement Offences) Act 2011, for "1 July 2013" substitute "1 July 2015". Division 4—Sex Offenders Registration Act 2004 78 Definitions In section 3 of the Sex Offenders Registration Act 2004, in the definition of good behaviour bond, for "Division 2 of Part 3B" substitute "Division 1 of Part 3BA". s. 76 See: Act No. 27/2011. LawToday: www. legislation. vic.gov.au See: Act No. 56/2004. Reprint No. 3 as at 21 August 2008 and amending Act Nos 34/2008, 55/2009, 68/2009, 91/2009, 16/2010, 63/2010, 65/2011 and 80/2011. LawToday: www. legislation. vic.gov.au -- 51 of 54 -- Part 10—Consequential and Other Amendments Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 47 Authorised by the Chief Parliamentary Counsel Division 5—Summary Offences Act 1966 79 Compensation In section 47 of the Summary Offences Act 1966 for "section 59" substitute "section 66C". __________________ See: Act No. 7405. Reprint No. 10 as at 1 January 2009 and amending Act Nos 46/2008, 1/2009, 7/2009, 68/2009, 92/2009, 13/2010, 18/2010, 29/2010, 63/2010, 12/2011, 27/2011, 29/2011, 43/2011, 58/2011, 80/2011 and 5/2012. LawToday: www. legislation. vic.gov.au s. 79 -- 52 of 54 -- Part 11—Repeal of Amending Act Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 48 Authorised by the Chief Parliamentary Counsel PART 11—REPEAL OF AMENDING ACT 80 Repeal of amending Act This Act is repealed on 1 November 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). ═══════════════ s. 80 -- 53 of 54 -- Courts and Sentencing Legislation Amendment Act 2012 No. 26 of 2012 49 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 April 2012 Legislative Council: 3 May 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Children, Youth and Families Act 2005, the County Court Act 1958, the Criminal Procedure Act 2009, the Infringements Act 2006, the Judicial College of Victoria Act 2001, the Juries Act 2000, the Justice Legislation Amendment (Infringement Offences) Act 2011, the Magistrates' Court Act 1989, the Sentencing Act 1991, the Sentencing Amendment (Community Correction Reform) Act 2011, the Sex Offenders Registration Act 2004, the Summary Offences Act 1966 and the Supreme Court Act 1986 and for other purposes." Endnotes -- 54 of 54 --