Serious Sex Offenders (Detention and Supervision) Amendment Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Serious Sex Offenders (Detention and Supervision) Amendment Act 2012 No. 65 of 2012 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Principal Act 2 4 Expiry of supervision order 2 5 Expiry of detention order 2 6 Expiry of interim order 2 7 Periodic reviews of supervision orders 3 8 Proceedings for offence 3 9 Information-sharing between the Secretary and the Victorian Registrar 4 10 Heading to Division 1 of Part 13 amended 4 11 Offence to publish certain information 4 12 Restriction on identification of offender 4 13 Matters to which court must have regard 5 14 Sharing of information 5 15 Repeal of amending Act 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Serious Sex Offenders (Detention and Supervision) Amendment Act 2012 † No. 65 of 2012 [Assented to 7 November 2012] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to make miscellaneous amendments to the Serious Sex Offenders (Detention and Supervision) Act 2009. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 30 September 2013, it comes into operation on that day. Victoria -- 2 of 7 -- Serious Sex Offenders (Detention and Supervision) Amendment Act 2012 No. 65 of 2012 2 Authorised by the Chief Parliamentary Counsel 3 Principal Act In this Act, the Serious Sex Offenders (Detention and Supervision) Act 2009 is called the Principal Act. 4 Expiry of supervision order In section 25 of the Principal Act— (a) in paragraph (c), for "detention order." substitute "detention order; or"; (b) after paragraph (c) insert— "(d) on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; or (e) on the death of the offender.". 5 Expiry of detention order In section 44 of the Principal Act— (a) in paragraph (c), for "supervision order." substitute "supervision order; or"; (b) after paragraph (c) insert— "(d) on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; or (e) on the death of the offender.". 6 Expiry of interim order In section 61 of the Principal Act— (a) in paragraph (b), for "made." substitute "made; or"; s. 3 See: Act No. 91/2009. Reprint No. 1 as at 27 June 2012. LawToday: www. legislation. vic.gov.au -- 3 of 7 -- Serious Sex Offenders (Detention and Supervision) Amendment Act 2012 No. 65 of 2012 3 Authorised by the Chief Parliamentary Counsel (b) after paragraph (b) insert— "(c) on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; or (d) on the death of the offender.". 7 Periodic reviews of supervision orders After section 65(3) of the Principal Act insert— "(4) When the court reviews a supervision order under this Part, the court must at the same time review any order made under section 184 in respect of the offender to determine whether that order should continue, having regard to the matters specified in section 185.". 8 Proceedings for offence (1) In section 172(2) of the Principal Act, for "The person" substitute "Subject to subsection (3), the person". (2) In section 172(3) of the Principal Act— (a) for "If the person bringing the proceedings is the Secretary, the Registrar or a member of the police force of or above the rank of inspector, that person" substitute "The Secretary, the Registrar or a member of the police force of or above the rank of inspector"; (b) after "without delay" insert "by the person bringing the proceedings". s. 7 -- 4 of 7 -- Serious Sex Offenders (Detention and Supervision) Amendment Act 2012 No. 65 of 2012 4 Authorised by the Chief Parliamentary Counsel 9 Information-sharing between the Secretary and the Victorian Registrar In section 180(a) of the Principal Act, for "may" substitute "must". 10 Heading to Division 1 of Part 13 amended In the heading to Division 1 of Part 13 of the Principal Act, for "Suppression of publication" substitute "Publication". 11 Offence to publish certain information For section 182(4) of the Principal Act substitute— "(4) In this section— media organisation means a person or body that engages in journalism; publish means— (a) insert in a newspaper or other periodical publication; or (b) disseminate by broadcast, telecast or cinematograph; or (c) otherwise disseminate to the public by any means.". 12 Restriction on identification of offender At the foot of section 184 of the Principal Act insert— "Note Section 65(4) requires that an order under this section in respect of an offender who is subject to a supervision order must be reviewed when that supervision order is reviewed.". s. 9 -- 5 of 7 -- Serious Sex Offenders (Detention and Supervision) Amendment Act 2012 No. 65 of 2012 5 Authorised by the Chief Parliamentary Counsel 13 Matters to which court must have regard For section 185(c) of the Principal Act substitute— "(c) the protection of children, families and the community; (d) the offender's compliance with any order made under this Act; (e) the location of the residential address of the offender.". 14 Sharing of information In section 189(4) of the Principal Act, in the definition of relevant Act, after paragraph (aab) insert— "(aaba) the Corrections Act 1986; or". 15 Repeal of amending Act This Act is repealed on 30 September 2014. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 13 -- 6 of 7 -- Serious Sex Offenders (Detention and Supervision) Amendment Act 2012 No. 65 of 2012 6 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 September 2012 Legislative Council: 11 October 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Serious Sex Offenders (Detention and Supervision) Act 2009 and for other purposes." Endnotes -- 7 of 7 --