Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO THE CORRECTIONS ACT 1986 3 3 Definitions 3 4 Persons not regarded to be in the Secretary's legal custody 3 5 Victim may be given certain information about a prisoner 3 6 Repeal of Division 4 of Part 8 3 7 Secretary to supply assistance to Board 3 8 Reports 4 9 Officers subject to Board's directions 4 10 Regulations 4 11 New section 120 inserted 4 120 Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 4 PART 3—AMENDMENTS TO THE SENTENCING ACT 1991 6 12 Definitions 6 13 Sentences 6 14 Home detention direction by sentencing court 6 15 Time held in custody before trial etc. to be deducted from sentence 6 16 Home detention condition when combined custody and treatment order is imposed 6 17 Home detention condition when drug treatment order is imposed 6 18 Home detention condition when intensive correction order is imposed 7 19 Repeal of Subdivision (2A) of Division 2 of Part 3 7 20 Home detention condition when suspended sentence is imposed 7 21 Home detention condition when community-based order is imposed 7 22 Repeal of Division 2B of Part 6 7 -- 1 of 13 -- Section Page ii Authorised by the Chief Parliamentary Counsel 23 Regulations 7 24 New section 141A inserted 7 141A Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 7 PART 4—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 9 25 Repeal of section 131 of the Personal Safety Intervention Orders Act 2010 9 26 Repeal of section 51A of the Stalking Intervention Orders Act 2008 9 27 Repeal of certain provisions of the Family Violence Protection Act 2008 9 PART 5—REPEAL OF AMENDING ACT 10 28 Repeal of Amending Act 10 ═══════════════ ENDNOTES 11 -- 2 of 13 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 † No. 48 of 2011 [Assented to 22 September 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are to amend the Corrections Act 1986 and the Sentencing Act 1991 to provide for the repeal of provisions relating to home detention orders and for other purposes. Victoria -- 3 of 13 -- Part 1—Preliminary Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 2 Authorised by the Chief Parliamentary Counsel 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 1 June 2012, it comes into operation on that day. __________________ s. 2 -- 4 of 13 -- Part 2—Amendments to the Corrections Act 1986 Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS TO THE CORRECTIONS ACT 1986 3 Definitions In section 3(1) of the Corrections Act 1986— (a) in the definition of correctional order, paragraph (i) is repealed; (b) the definition of home detention order is repealed. 4 Persons not regarded to be in the Secretary's legal custody Section 6C(1)(bb) of the Corrections Act 1986 is repealed. 5 Victim may be given certain information about a prisoner In section 30A(2)(b) of the Corrections Act 1986 omit ", home detention". 6 Repeal of Division 4 of Part 8 Division 4 of Part 8 of the Corrections Act 1986 is repealed. 7 Secretary to supply assistance to Board Section 70(1)(aa) of the Corrections Act 1986 is repealed. See: Act No. 117/1986. Reprint No. 8 as at 2 April 2009 and amending Act Nos 55/2009, 68/2009, 69/2009, 91/2009, 13/2010, 29/2010, 30/2010, 53/2010 and 64/2010. LawToday: www. legislation. vic.gov.au s. 3 -- 5 of 13 -- Part 2—Amendments to the Corrections Act 1986 Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 4 Authorised by the Chief Parliamentary Counsel 8 Reports Section 72(1)(ba), (bb) and (bc) of the Corrections Act 1986 are repealed. 9 Officers subject to Board's directions In section 73(1) of the Corrections Act 1986 omit "or home detention order". 10 Regulations In section 112(1)(n) of the Corrections Act 1986 omit ", home detention orders". 11 New section 120 inserted After section 119 of the Corrections Act 1986 insert— "120 Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 (1) In this section— 2011 Act means the Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011; old home detention order means a home detention order within the meaning of section 3 as in force before the commencement of section 6 of the 2011 Act, being an order in force immediately before that commencement. (2) Despite the commencement of section 6 of the 2011 Act, an old home detention order is taken to continue in force on and from that commencement as if this Act, as in force before that commencement, continued to apply to it. s. 8 -- 6 of 13 -- Part 2—Amendments to the Corrections Act 1986 Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 5 Authorised by the Chief Parliamentary Counsel (3) Despite the commencement of section 25 of the 2011 Act, section 131 of the Personal Safety Intervention Orders Act 2010, as in force before that commencement, is taken to continue to apply on and from that commencement in relation to an old home detention order. (4) Despite the commencement of section 27 of the 2011 Act, sections 17(8), 24(da) and 176AA of the Family Violence Protection Act 2008, as in force before that commencement, are taken to continue to apply on and from that commencement in relation to an old home detention order.". __________________ s. 11 -- 7 of 13 -- Part 3—Amendments to the Sentencing Act 1991 Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 6 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO THE SENTENCING ACT 1991 12 Definitions In section 3(1) of the Sentencing Act 1991, the definition of home detention order is repealed. 13 Sentences Section 7(1)(ba) of the Sentencing Act 1991 is repealed. 14 Home detention direction by sentencing court Section 14A of the Sentencing Act 1991 is repealed. 15 Time held in custody before trial etc. to be deducted from sentence Section 18(2)(bb) of the Sentencing Act 1991 is repealed. 16 Home detention condition when combined custody and treatment order is imposed Section 18SA of the Sentencing Act 1991 is repealed. 17 Home detention condition when drug treatment order is imposed Section 18ZGA of the Sentencing Act 1991 is repealed. s. 12 See: Act No. 49/1991. Reprint No. 12 as at 1 January 2011 and amending Act Nos 30/2010, 43/2010, 53/2010, 77/2010 and 9/2011. LawToday: www. legislation. vic.gov.au -- 8 of 13 -- Part 3—Amendments to the Sentencing Act 1991 Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 7 Authorised by the Chief Parliamentary Counsel 18 Home detention condition when intensive correction order is imposed Section 21A of the Sentencing Act 1991 is repealed. 19 Repeal of Subdivision (2A) of Division 2 of Part 3 Subdivision (2A) of Division 2 of Part 3 of the Sentencing Act 1991 is repealed. 20 Home detention condition when suspended sentence is imposed Section 27A of the Sentencing Act 1991 is repealed. 21 Home detention condition when community-based order is imposed Section 41A of the Sentencing Act 1991 is repealed. 22 Repeal of Division 2B of Part 6 Division 2B of Part 6 of the Sentencing Act 1991 is repealed. 23 Regulations Section 116(1)(a) of the Sentencing Act 1991 is repealed. 24 New section 141A inserted After section 141 of the Sentencing Act 1991 insert— "141A Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 (1) In this section— 2011 Act means the Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011; s. 18 -- 9 of 13 -- Part 3—Amendments to the Sentencing Act 1991 Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 8 Authorised by the Chief Parliamentary Counsel old home detention order means a home detention order within the meaning of section 3 as in force before the commencement of section 19 of the 2011 Act, being an order in force immediately before that commencement. (2) Despite the commencement of section 19 of the 2011 Act, an old home detention order is taken to continue in force on and from that commencement as if this Act, as in force before that commencement, continued to apply to it. (3) Despite the commencement of section 25 of the 2011 Act, section 131 of the Personal Safety Intervention Orders Act 2010, as in force before that commencement, is taken to continue to apply on and from that commencement in relation to an old home detention order. (4) Despite the commencement of section 27 of the 2011 Act, sections 17(8), 24(da) and 176AA of the Family Violence Protection Act 2008, as in force before that commencement, are taken to continue to apply on and from that commencement in relation to an old home detention order.". __________________ s. 24 -- 10 of 13 -- Part 4—Consequential amendments to other Acts Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 9 Authorised by the Chief Parliamentary Counsel PART 4—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 25 Repeal of section 131 of the Personal Safety Intervention Orders Act 2010 Section 131 of the Personal Safety Intervention Orders Act 2010 is repealed. 26 Repeal of section 51A of the Stalking Intervention Orders Act 2008 Section 51A of the Stalking Intervention Orders Act 2008 is repealed. 27 Repeal of certain provisions of the Family Violence Protection Act 2008 (1) Section 17(8) of the Family Violence Protection Act 2008 is repealed. (2) Section 24(da) of the Family Violence Protection Act 2008 is repealed. (3) Section 176AA of the Family Violence Protection Act 2008 is repealed. __________________ s. 25 -- 11 of 13 -- Part 5—Repeal of Amending Act Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 10 Authorised by the Chief Parliamentary Counsel PART 5—REPEAL OF AMENDING ACT 28 Repeal of Amending Act This Act is repealed on 1 June 2013. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 28 -- 12 of 13 -- Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 No. 48 of 2011 11 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 16 June 2011 Legislative Council: 1 September 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 and the Sentencing Act 1991 to repeal provisions relating to home detention orders and for other purposes." Endnotes -- 13 of 13 --