Sentencing Amendment Act 2010
i
Sentencing Amendment Act 2010
No. 77 of 2010
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENT OF THE SENTENCING ACT 1991 3
3 Definitions 3
4 Sentencing guidelines 4
5 Sentences 4
6 Repeal of reference to intensive correction order 4
7 Repeal of Subdivision 1B of Division 2 of Part 3 4
8 Repeal of references to certain orders 4
9 Drug Court to hear and determine certain offences 5
10 Repeal of Subdivision 2 of Division 2 of Part 3 5
11 Time for bringing proceeding for contravention of home
detention order 5
12 Suspended sentences 6
13 Insertion of new Division 2A of Part 3 6
Division 2A—Intensive correction management orders 6
Subdivision 1—Preliminary 6
35A Definitions 6
Subdivision 2—General 8
35B Intensive correction management order (general) 8
35C Intensive correction management order (drug and
alcohol) 8
35D Agreement of offender to comply with order 9
35E Purposes for which order may be made 9
35F Period and commencement of intensive correction
management order 10
35G Supervision period 10
35H Order made by Court of Appeal 11
35I Intensive correction management order can cover
multiple offences 11
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Section Page
ii
35J Concurrency of conditions for multiple intensive
correction management orders 12
35K Intensive correction management order may be made in
addition to term of imprisonment 12
35L Intensive correction management order may be made
together with community-based order where there are
multiple offences 13
Subdivision 3—Core conditions 14
35M Core conditions 14
Subdivision 4—Reporting and monitoring conditions 15
35N Reporting condition 15
35O Judicial monitoring condition 15
35P Power of court on review of condition 17
35Q Period of judicial monitoring condition 18
Subdivision 5—Unpaid community work condition 19
35R Unpaid community work condition, intensive
correction management order (general) 19
35S Unpaid community work condition, intensive
correction management order (drug and alcohol) 19
35T Purpose and operation of unpaid community work
condition 19
Subdivision 6—Program conditions 21
35U Attachment of program conditions, intensive
correction management order (general) 21
35V Attachment of program conditions, intensive
correction management order (drug and alcohol) 21
35W Program conditions 21
35X Further requirements as to program conditions 23
Subdivision 7—Special conditions 23
35Y Special prescribed program condition 23
35Z Special residence or association condition 23
Subdivision 8—Suspension and variation etc. of intensive
correction management order 25
35ZA Suspension of intensive correction management order 25
35ZB Variation etc. of intensive correction management
order 25
35ZC Application for variation etc. of an intensive correction
management order 27
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Subdivision 9—Contravention of intensive correction
management order 28
35ZD Proceeding for contravention of an intensive correction
management order 28
35ZE Bringing a proceeding for contravention of an intensive
correction management order—offender before a court 29
35ZF Bringing of a proceeding for contravention of an
intensive correction management order—offender not
before a court 30
35ZG Issue of a contravention summons or warrant to arrest
by a registrar 30
35ZH Power to amend a contravention summons or warrant
to arrest 31
35ZI Form of a contravention summons 31
35ZJ Extension of a return date for a contravention summons 32
35ZK Service of a contravention summons 33
35ZL Issue of a warrant to arrest 33
35ZM Unrepresented accused 33
35ZN Powers of court on determination of proceeding 34
35ZO Practice and procedure at hearing 35
Subdivision 10—Miscellaneous provisions 36
35ZP Offender may be fined as well 36
35ZQ Secretary may direct offender to report at another
place 36
14 Community-based order in addition to term of imprisonment 36
15 Insertion of heading to section 39 37
"Unpaid community work condition". 37
16 Unpaid community work condition 37
17 Section 46 substituted 38
46 Variation of community-based order 38
46A Application for variation of a community-based order 40
18 Powers of court on determination of contravention proceeding 41
19 Time for bringing proceeding for contravention of community-
based order 41
20 New heading to section 48 42
21 Deferral of sentencing 42
22 Pre-sentence reports 44
23 Drug and alcohol reports 45
24 Drug and alcohol pre-release reports 45
25 Penalty scale 45
26 Regulations 47
27 New section 143 inserted 47
143 Transitional provision—Sentencing Amendment Act
2010 47
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Section Page
iv
PART 3—AMENDMENT OF OTHER ACTS 50
28 Amendment of the Road Safety Act 1986—Offence to drive
while disqualified etc. 50
29 Amendment of the Magistrates' Court Act 1989—deferred
sentences 50
PART 4—REPEAL OF AMENDING ACT 51
30 Repeal of amending Act 51
═══════════════
ENDNOTES 52
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1
Sentencing Amendment Act 2010 †
No. 77 of 2010
[Assented to 19 October 2010]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to amend the Sentencing Act 1991, to repeal
suspended sentences for serious offences, to
provide for new intensive correction
management orders and to make related and
other provisions in that Act; and
Victoria
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Part 1—Preliminary
Sentencing Amendment Act 2010
No. 77 of 2010
2
(b) to amend the Road Safety Act 1986 to
remove the mandatory term of imprisonment
for a subsequent offence of driving whilst
disqualified or suspended; and
(c) make minor and consequential amendments
to other Acts.
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 January 2012, it comes into
operation on that day.
__________________
s. 2
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Part 2—Amendment of the Sentencing Act 1991
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No. 77 of 2010
3
PART 2—AMENDMENT OF THE SENTENCING ACT 1991
3 Definitions
In section 3(1) of the Sentencing Act 1991—
(a) insert the following definitions—
"Chief Commissioner of Police means the
Chief Commissioner of Police
appointed under the Police Regulation
Act 1958;
Director of Public Prosecutions means the
Director of Public Prosecutions
appointed under the Constitution Act
1975;
intensive correction management order
means an order made under section 35B
or section 35C;
intensive correction management order
(drug and alcohol) means an intensive
correction management order made
under section 35C;
intensive correction management order
(general) means an intensive correction
management order made under
section 35B;
unpaid community work condition in
relation to a community-based order,
means the condition referred to in
section 39;";
(b) the definition of community service
condition is repealed;
(c) the definition of intensive correction order
is repealed;
(d) the definition of combined custody and
treatment order is repealed;
See:
Act No.
49/1991.
Reprint No. 11
as at
15 January
2009
and
amending
Act Nos
46/2008,
7/2009,
22/2009,
68/2009,
69/2009,
77/2009,
91/2009,
93/2009,
7/2010,
13/2010,
18/2010,
29/2010,
30/2010,
43/2010,
53/2010 and
63/2010.
LawToday:
www.
legislation.
vic.gov.au
s. 3
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4
(e) in the definition of Regional Manager, for
"an intensive correction order" substitute
"an intensive correction management order".
4 Sentencing guidelines
(1) Section 5(4A) of the Sentencing Act 1991 is
repealed.
(2) In section 5(4B) of the Sentencing Act 1991, for
"intensive correction order" substitute "intensive
correction management order".
(3) In section 5(5) of the Sentencing Act 1991, for
"intensive correction order" substitute "intensive
correction management order".
5 Sentences
In section 7(1) of the Sentencing Act 1991—
(a) paragraph (ab) is repealed;
(b) paragraph (b) is repealed;
(c) after paragraph (da) insert—
"(db) with or without recording a conviction,
make an intensive correction
management order in respect of the
offender; or".
6 Repeal of reference to intensive correction order
Section 18(2)(ba) of the Sentencing Act 1991 is
repealed.
7 Repeal of Subdivision 1B of Division 2 of Part 3
Subdivision 1B of Division 2 of Part 3 of the
Sentencing Act 1991 is repealed.
8 Repeal of references to certain orders
(1) For section 18Z(1)(d)(ii) of the Sentencing Act
1991 substitute—
"(ii) it would not have suspended the sentence in
whole or in part; and".
s. 4
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5
(2) Section 18Z(2)(b) of the Sentencing Act 1991 is
repealed.
9 Drug Court to hear and determine certain offences
(1) For section 18ZO(2)(b) of the Sentencing Act
1991 substitute—
"(b) the Drug Court does not suspend the
sentence in whole or in part; and".
(2) For section 18ZO(3)(b) of the Sentencing Act
1991 substitute—
"(b) the Drug Court does not suspend the
sentence in whole or in part; and".
10 Repeal of Subdivision 2 of Division 2 of Part 3
Subdivision 2 of Division 2 of Part 3 of the
Sentencing Act 1991 is repealed.
11 Time for bringing proceeding for contravention of
home detention order
(1) For section 26ZA(2)(a) of the Sentencing Act
1991 substitute—
"(a) if the contravention is constituted by the
offender committing another offence
punishable by imprisonment during the
period of the order, within 6 months after the
offence is found proven, subject to
subsection (3); or".
(2) After section 26ZA(2) of the Sentencing Act
1991 insert—
"(3) A proceeding for the contravention of an
order to which subsection (2)(a) applies must
not be commenced more than 2 years after
the order ceases to be in force.".
s. 9
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12 Suspended sentences
For section 27(2B) of the Sentencing Act 1991
substitute—
"(2B) Despite subsection (1), a court must not
make an order suspending the whole or a
part of a sentence of imprisonment imposed
on an offender for a serious offence.
Note
A suspended sentence may be available for a serious
offence committed before the commencement of
section 12 of the Sentencing Amendment Act
2010.".
13 Insertion of new Division 2A of Part 3
After Division 2 of Part 3 of the Sentencing Act
1991 insert—
"Division 2A—Intensive correction
management orders
Subdivision 1—Preliminary
35A Definitions
In this Division—
core condition, in relation to an intensive
correction management order, means a
condition attached to the order under
section 35M(1);
judicial monitoring condition, in relation to
an intensive correction management
order (drug and alcohol), means a
condition attached to the order under
section 35O;
s. 12
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program condition, in relation to an
intensive correction management order,
means a condition attached to the order
under section 35W;
reporting condition, in relation to an
intensive correction management order,
means a condition attached to the order
under section 35N;
special prescribed program condition, in
relation to an intensive correction
management order, means a condition
attached to the order under section 35Y;
special residence or association condition,
in relation to an intensive correction
management order, means a condition
attached to the order under section 35Z;
supervision period, in relation to an
intensive correction management order,
means the period fixed by the court
under section 35G;
unpaid community work condition, in
relation to—
(a) an intensive correction
management order (general),
means a condition attached to the
order under section 35R;
(b) an intensive correction
management order (drug and
alcohol), means a condition
attached to the order under
section 35S.
s. 13
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Subdivision 2—General
35B Intensive correction management order
(general)
(1) If a person is convicted or found guilty by a
court of an offence that is punishable by
imprisonment, the court, may make an order
for intensive supervision of the offender in
the community.
(2) The court must not make an order under
subsection (1) unless the court is satisfied
that, if the order were not available, the court
would consider sentencing the offender to a
term of imprisonment.
(3) The court must not make an order under
subsection (1) unless the court has received a
pre-sentence report.
35C Intensive correction management order
(drug and alcohol)
(1) If a person is convicted or found guilty of an
offence that is punishable by imprisonment,
the court, may make an order for the
intensive supervision and treatment of the
offender in the community.
(2) The court must not make an order under
subsection (1) unless the court is satisfied
that—
(a) the offender is dependent on or abuses
drugs or alcohol; and
(b) the offender's dependency on or abuse
of drugs or alcohol contributed to the
commission of the offence; and
(c) there is a risk of the offender
committing further offences; and
s. 13
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(d) if the order were not available, the court
would consider sentencing the offender
to a term of imprisonment.
(3) The court must not make an order under
subsection (1) unless the court has
received—
(a) a pre-sentence report; and
(b) a drug and alcohol assessment report
under Division 2A of Part 6.
35D Agreement of offender to comply with
order
The court may only make an intensive
correction management order if the offender
agrees in writing to comply with the order.
35E Purposes for which order may be made
(1) The purposes for which an intensive
correction management order may be made
are as follows—
(a) particularly to facilitate the
rehabilitation of the offender by
promoting the re-integration of the
offender into the community through
intensive supervision and treatment (if
necessary) of the offender in the
community; and
(b) the other purposes set out in section
5(1), as appropriate to the case.
(2) An intensive correction management order
(drug and alcohol), may be made for the
following purposes to the extent that they are
consistent with subsection (1)—
(a) to facilitate the rehabilitation of the
offender into the community through
the offender undergoing a drug or
s. 13
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alcohol treatment regime that is
supervised and monitored by the court
or the Regional Manager;
(b) to take account of the offender's drug or
alcohol dependency or abuse;
(c) to reduce the offender's health risks
associated with drug or alcohol
dependency or abuse.
35F Period and commencement of intensive
correction management order
(1) The period of an intensive correction
management order is the period determined
by the court which must not exceed—
(a) in the case of an order made by the
Magistrates' Court, 2 years; or
(b) in the case of an order made by the
County Court or the Supreme Court,
3 years.
(2) The court must fix the date on which an
intensive correction management order
commences, which must not be more than
3 months after the order is made.
35G Supervision period
(1) If the court is making an intensive correction
management order for a period of 6 months
or longer, the court may fix a period (being
part of the period for which the order is in
force) as the supervision period.
Example
Where a court is making an intensive correction
management order that has a period of, for example,
2 years, the supervision period fixed by the court may
be for a lesser period of, for example, 8 months.
s. 13
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Note
Where a supervision period is fixed for an intensive
correction management order certain conditions of the
order must be completed within the supervision
period, see sections 35T(6) and 35X(1) and certain
conditions of the order only apply for the supervision
period, see section 35N(2).
(2) If—
(a) a court is sentencing an offender in
respect of two or more offences in the
same proceeding; and
(b) the court makes separate intensive
correction management orders in
respect of any two or more of the
offences, the periods of which are
cumulative; and
(c) the court fixes supervision periods for
the orders that are cumulative—
the supervision periods are to run
cumulatively from the commencement of the
first order and then the balance of the period
of the orders are to run cumulatively.
35H Order made by Court of Appeal
For the purpose of any proceeding under
Subdivision 8 or Subdivision 9, an intensive
correction management 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.
35I Intensive correction management order
can cover multiple offences
(1) If an offender is convicted or found guilty by
a court of two or more offences which are
founded on the same facts, or form or are
part of a series of offences of the same or a
similar character, the court may make one
s. 13
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intensive correction management order in
respect of those offences in place of separate
orders in respect of all or any two or more of
them.
(2) An intensive correction management order
that is being made in respect of more than
one offence must not exceed the maximum
period for which an intensive correction
management order may be made under
section 35F.
35J Concurrency of conditions for multiple
intensive correction management orders
(1) If a court makes separate intensive correction
management orders in respect of two or more
offences committed by an offender, the
conditions of those orders are concurrent
unless the court otherwise directs.
(2) The conditions of an intensive correction
management order made in respect of an
offender are, unless the court otherwise
directs, concurrent with those of any other
intensive correction management order in
force in respect of that offender.
35K Intensive correction management order
may be made in addition to term of
imprisonment
(1) Subject to subsection (2), a court may make
an intensive correction management order in
respect of the offender in addition to
sentencing the offender to a term of
imprisonment of not more than 3 months
provided that the sentence of imprisonment
is not suspended in whole or in part.
s. 13
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(2) If a court is sentencing an offender for two or
more offences in the same proceeding to two
or more sentences of imprisonment, the court
may not make any intensive correction
management order in respect of the offender
if the aggregate of those terms of
imprisonment is more than 3 months,
whether or not the terms of imprisonment are
to be served (in whole or in part)
concurrently or cumulatively.
(3) If a court makes an intensive correction
management order in respect of an offender
in addition to a term of imprisonment, the
intensive correction management order
commences on the release of the offender
from imprisonment.
35L Intensive correction management order
may be made together with community-
based order where there are multiple
offences
(1) If a court is sentencing an offender for two or
more offences in the same proceeding, the
court may make an intensive correction
management order in respect of one or more
offences for which the offender is being
sentenced and a community-based order in
respect of one or more other offences for
which the offender is being sentenced.
(2) If a court makes one or more intensive
correction management orders and one or
more community based orders in respect of
an offender in the same proceeding—
(a) the conditions of those orders are
concurrent unless the court otherwise
directs; and
s. 13
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(b) the conditions of those orders are
concurrent with any other intensive
correction management orders or
community-based orders in force in
respect of that offender at the time the
offender is sentenced.
Subdivision 3—Core conditions
35M Core conditions
(1) The following are core conditions that are
attached to an intensive correction
management order—
(a) that the offender does not commit,
whether in or outside Victoria, during
the period of the order, another offence
punishable on conviction by
imprisonment;
(b) that the offender reports to the
community corrections centre specified
in the order within 2 clear working days
after the coming into force of the order;
(c) that the offender notifies an officer at
the specified community corrections
centre of any change of address or
employment within 2 clear working
days after the change;
(d) that the offender does not leave
Victoria except with the permission of
an officer at the specified community
corrections centre granted either
generally or in relation to the particular
case;
(e) that the offender obeys all lawful
instructions and directions of
community corrections officers.
s. 13
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(2) The core conditions attached to an intensive
correction management order remain in force
for the period of the order.
Subdivision 4—Reporting and monitoring
conditions
35N Reporting condition
(1) An intensive correction management order
has attached to it the condition that the
offender reports to, or receives visits from, a
community corrections officer, as specified
in the order—
(a) at least once a week in the first three
months during which the order is in
force;
(b) after the period specified in paragraph
(a), every 28 days or as directed by the
Regional Manager.
(2) The reporting condition for an intensive
correction management order remains in
force for the period for which the order is in
force, or, if there is a supervision period for
the order, for the supervision period.
35O Judicial monitoring condition
(1) If a court is making an intensive correction
management order (drug and alcohol) the
court may attach to the order a condition as
to the monitoring of the offender by the court
if the court is satisfied that it is necessary to
review (during the course of the order) the
offender's compliance with the order.
(2) In attaching a condition to an order under
subsection (1) the court must have regard
to—
(a) the circumstances of the offender; and
s. 13
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(b) the circumstances of the offending; and
(c) the nature of the offence; and
(d) the need to reduce the risk of the
offender committing further offences
by rehabilitating the offender and re-
integrating the offender into the
community.
(3) The court may provide for the following
matters in a judicial monitoring condition—
(a) a time or times at which the offender
must re-appear before the court for a
review of the condition;
(b) any medical or other test or tests that
must be carried out in relation to the
offender;
(c) any medical or other report or reports
that must be given to the court by the
offender's medical practitioner or the
Regional Manager.
(4) A provision in a judicial monitoring
condition made by the court under
subsection (3)(b) or (c) is not to be taken to
empower the medical testing of the offender
or the making of a medical report as to the
offender without the consent of the offender.
(5) Any of the following is not to be taken to be
a contravention of the intensive correction
management order for the purposes of
Subdivision 9—
(a) the mere refusal of an offender to
consent to medical testing or the
making of a medical report under a
judicial monitoring condition;
s. 13
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(b) the mere withdrawal of consent by an
offender to medical testing or the
making of a medical report under a
judicial monitoring condition.
(6) Any proceeding where an offender re-
appears before the court for review in
accordance with a judicial monitoring
condition may be conducted by the court
constituted by the judicial officer who made
the order or by the court constituted by
another judicial officer.
35P Power of court on review of condition
(1) In any proceeding where an offender re-
appears before a court for review in
accordance with a judicial monitoring
condition—
(a) the court may require the offender, or
may provide the offender with an
opportunity to answer questions or
produce information (including reports
or the results of medical examinations
or medical tests);
(b) the court may provide an opportunity
for the offender's medical practitioner
or any medical practitioner who has
examined the offender to produce any
medical report about the offender or the
results of any medical test about the
offender to the court;
(c) the court may provide any of the
following persons with an opportunity
to provide information to the court
either verbally or in any written form—
(i) the Regional Manager;
(ii) the Secretary;
s. 13
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(iii) the person or body who
prosecuted the offender for the
offence;
(iv) any other person the court
considers appropriate;
(d) the court may require any of the
following persons to provide
information to the court either verbally
or in any written form—
(i) the Regional Manager;
(ii) the Secretary;
(iii) the person or body who
prosecuted the offender for the
offence;
(iv) any other person the court
considers appropriate.
(2) In any proceeding where an offender re-
appears before a court for review in
accordance with the terms of a judicial
monitoring condition, the court—
(a) may, under section 35ZB(2)(c) to (f),
deal with the condition and any
program condition of the intensive
correction management order,
irrespective of the fact that an
application has not been made to the
court under section 35ZC; or
(b) take no action in relation to the
offender.
35Q Period of judicial monitoring condition
A judicial monitoring condition attached to
an intensive correction management order
remains in force for the period specified by
the court in the order, or, if no period is
s. 13
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specified in the order, for the period of the
order.
Subdivision 5—Unpaid community work
condition
35R Unpaid community work condition,
intensive correction management order
(general)
An intensive correction management order
(general) has attached to it the condition that
the offender performs unpaid community
work, as determined by the court in
accordance with this Subdivision.
35S Unpaid community work condition,
intensive correction management order
(drug and alcohol)
If a court is making an intensive correction
management order (drug and alcohol) the
court may attach to the order a condition that
the offender performs unpaid community
work, as determined by the court in
accordance with this Subdivision.
35T Purpose and operation of unpaid
community work condition
(1) The purpose of an unpaid community work
condition attached to an intensive correction
management order is to allow for the
adequate punishment of an offender in the
community.
(2) The total number of hours for which an
offender may be required to perform unpaid
community work under an unpaid
community work condition must be
determined by the court and must not
exceed—
s. 13
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(a) in the case of an order being made by
the Magistrates' Court, more than 500
hours over a two year period; or
(b) in the case of an order being made by
the County Court or Supreme Court,
more than 600 hours over a 3 year
period.
(3) Subject to subsection (2), the number of
hours for which an offender may be required
to perform unpaid community work under an
unpaid community work condition must be
determined under section 109(3)(b)
according to the level of the offence or of the
term of imprisonment that may be imposed
in respect of the offence.
(4) The total number of hours of unpaid
community work that the offender must
perform in any 7 day period must not exceed
20.
(5) Despite subsection (4), an offender may
perform an activity 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.
(6) If the court fixes a supervision period for an
intensive correction management order, all
the hours of unpaid community work that
must be performed under the unpaid
community work condition of the order must
be completed within the supervision period.
(7) Where an offender is or will be subject to—
(a) more than one intensive correction
management order; or
s. 13
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(b) a combination of one or more intensive
correction management orders and one
or more community based orders—
the court must not make a direction under
this Act that causes the time limits that apply
under all unpaid community work conditions
under the orders to exceed the maximum
time limits that apply in respect of one
condition under this section.
Subdivision 6—Program conditions
35U Attachment of program conditions,
intensive correction management order
(general)
The court may attach any one or more of the
conditions provided for in section 35W to an
intensive correction management order
(general).
35V Attachment of program conditions,
intensive correction management order
(drug and alcohol)
The court must attach at least one and may
attach more than one of the conditions
provided for in section 35W to an intensive
correction management order (drug and
alcohol).
35W Program conditions
For the purposes of section 35U and 35V, the
following conditions are program conditions
that may be attached to an intensive
correction management order—
(a) that the offender undergo assessment
and treatment for alcohol or drug use as
specified in the order or as directed by
the Regional Manager;
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(b) that the offender submit to medical,
psychological or psychiatric assessment
and treatment as specified in the order
or as directed by the Regional Manager;
(c) that the offender attend educational,
vocational, cultural, rehabilitative, re-
integrational or personal development
programs or courses as specified in the
order or as directed by the Regional
Manager;
(d) that the offender live at the place
specified by the court in the order or by
the Regional Manager for the period
specified by the court in the order or by
the Regional Manager;
(e) that the offender submit to testing for
drug or alcohol use as specified in the
order or as directed by the Regional
Manager;
(f) in the case of an intensive correction
management order (drug and alcohol),
any other condition that the court
considers necessary or desirable
relevant to the offender's drug or
alcohol dependency or abuse;
(g) any other condition that the court
considers necessary or desirable to
reduce the likelihood of further
offending, other than a condition about
the making of restitution or the
payment of compensation, costs or
damages.
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35X Further requirements as to program
conditions
(1) If the court fixes a supervision period for an
intensive correction management order, any
program condition that is attached to the
order must be completed within the
supervision period.
(2) The court must not attach any more program
conditions to an intensive correction
management order than are necessary to
achieve the purpose or purposes for which
the order is made.
Subdivision 7—Special conditions
35Y Special prescribed program condition
(1) If the pre-sentence report so recommends,
the court may attach to an intensive
correction management order a special
condition that the offender attend at one, or
more than one, specified prescribed program
during the period of the order or a shorter
period specified in the order for this purpose.
(2) A prescribed program specified in a special
condition—
(a) may be residential or community-
based; and
(b) must be designed to address the
personal factors which contribute to the
offender's criminal behaviour.
35Z Special residence or association condition
(1) The court may attach to an intensive
correction management order any one or
more of the conditions provided for in
subsection (2), if the court is satisfied that—
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(a) there is a risk of further offending by
the offender; and
(b) the attaching of the condition or
conditions is reasonably necessary to
reduce that risk; and
(c) the attaching of conditions under other
Subdivisions of this Division would not
sufficiently address that risk.
(2) For the purposes of subsection (1), the
following conditions are conditions that may
be attached to an order—
(a) a condition that the offender must not
associate with—
(i) a person specified in the order; or
(ii) a class of person specified in the
order—
for the period of the order or for any
lesser period specified in the order;
(b) a condition that the offender—
(i) must not reside at a place
specified in the order; or
(ii) must reside at the place specified
in the order—
for the period of the order or for any
lesser period specified in the order;
(c) a condition that the offender must not
enter a place or area specified in the
order for the period of the order or for
any lesser period specified in the order.
(3) If the court attaches a condition under
subsection (2)(a), the court must give notice
of the attachment of the condition and of the
provisions of the condition to—
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(a) the person or persons with whom the
offender is not to associate; and
(b) the Regional Manager; and
(c) the Chief Commissioner of Police; and
(d) the Director of Public Prosecutions.
(4) A notice under subsection (3) must be given
within 7 days of the making of the order by
the court.
Subdivision 8—Suspension and variation etc.
of intensive correction management order
35ZA Suspension of intensive correction
management order
The Secretary to the Department of Justice
may—
(a) if the offender is ill; or
(b) in other exceptional circumstances—
suspend for a period the operation of an
intensive correction management order or of
any condition of the order and, if so, that
period does not count in calculating the
period for which the order is to remain in
force or a condition is to be complied with.
35ZB Variation etc. of intensive correction
management order
(1) On an application under section 35ZC, the
court which made an intensive correction
management 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
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not be able to comply with any
condition of the order; or
(b) the circumstances of the offender were
wrongly stated or were not accurately
presented to the court or the author of a
pre-sentence report before the order
was made; or
(c) the offender is no longer willing to
comply with the order; or
(d) the rehabilitation and reintegration of
the offender would be advanced by the
making of the decision in relation to the
order; or
(e) the continuation of the sentence is no
longer necessary in the interests of the
community or the offender.
(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;
(b) by cancelling or varying the order;
(c) in relation to a condition of the order,
by cancelling, suspending, varying or
removing the condition;
(d) by attaching a new condition on the
order;
(e) in relation to a program that must be
undertaken under the order, by
cancelling, suspending, varying or
reducing the program;
(f) by imposing an additional program that
must be undertaken under the order.
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(3) The court may make a decision under
subsection (2) based on its assessment of the
offender's progress (if any), including the
extent to which the offender has complied
with the order.
(4) The court may make a decision under
subsection (2) as a reward for the offender if
the court is satisfied of a matter referred to in
subsection (1)(d) or (e).
(5) If the court decides under subsection (2) to
cancel the order the court may—
(a) determine that no further action be
taken in relation to the offender; or
(b) deal 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.
35ZC Application for variation etc. of an
intensive correction management order
(1) An application for the court to deal with an
intensive correction management order under
section 35ZB 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.
(2) Notice of an application under subsection (1)
must be given—
(a) to the offender; and
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(b) to the Director of Public Prosecutions
or to the informant or police prosecutor
(if the sentencing court was the
Magistrates' Court).
(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.
Subdivision 9—Contravention of intensive
correction management order
35ZD Proceeding for contravention of an
intensive correction management order
(1) If a person who is the subject of an intensive
correction management order (the offender),
without reasonable excuse, contravenes any
condition of the order while the order is in
force, a proceeding may be brought against
the person to answer to the contravention in
accordance with this Subdivision.
(2) A proceeding for the contravention of an
order under subsection (1) must be
commenced—
(a) if the contravention is constituted by
the offender committing another
offence punishable by imprisonment
during the period of the order, within 6
months after the offence is found
proven, subject to subsection (3); or
(b) in any other case, within one year of the
order ceasing to be in force.
(3) A proceeding for the contravention of an
order to which subsection (2)(a) applies must
not be commenced more than 2 years after
the order ceases to be in force.
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35ZE Bringing a proceeding for contravention
of an intensive correction management
order—offender before a court
(1) If a court finds an offender guilty of an
offence punishable by imprisonment
committed while an intensive correction
management order is in force it may—
(a) on application, in the prescribed form,
by an authorised person; and
(b) if the offender is then present before the
court—
do either of the following—
(c) if it is the court that imposed the
intensive correction management order,
proceed to exercise any power
conferred on it by section 35ZN; or
(d) if it is not the court that imposed the
intensive correction management order
transfer the proceeding to the court that
imposed the order.
(2) If an intensive correction management order
was made in the Magistrates' Court, the
Supreme Court or County Court may deal
with the contravention proceeding as if it
were an unrelated summary offence under
section 243 of the Criminal Procedure Act
2009.
(3) For the purpose of transferring a proceeding
under subsection (1)(d), the court may, if the
offender is not being held in custody in
relation to the other offence or for any other
reason, grant bail to the offender conditioned
for, or remand the offender in custody
pending his or her attendance at the court
that imposed the intensive correction
management order.
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35ZF Bringing of a proceeding for
contravention of an intensive correction
management order—offender not before a
court
(1) If an offender contravenes an intensive
correction management order an authorised
person may, if an application has not been
made under section 35ZE in respect of the
contravention, apply to the Magistrates'
Court for the issue of—
(a) a contravention summons; or
(b) a warrant to arrest—
in order to compel the attendance of the
offender at the court that imposed the
intensive correction management order.
(2) An authorised person may make an
application under subsection (1) to a registrar
of the Magistrates' Court in person or by post
at any venue of the court.
(3) If an offender is required to attend at the
Magistrates' Court under a summons or
warrant issued under section 35ZG(1), his or
her attendance must be at the proper venue
of the court.
35ZG Issue of a contravention summons or
warrant to arrest by a registrar
(1) On an application under section 35ZF(1), the
registrar must, if satisfied that there are
reasonable grounds to believe the offender
has committed a contravention of an
intensive correction management order
issue—
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(a) a summons to answer to the
contravention of the intensive
correction management order; or
(b) a warrant to arrest.
(2) A registrar must not issue in the first instance
a warrant to arrest unless satisfied by
evidence on oath or by affidavit that—
(a) it is probable that the offender will not
answer a contravention summons; or
(b) the offender has absconded, is likely to
abscond or is avoiding service of a
contravention summons that has been
issued; or
(c) a warrant to arrest is required or
authorised for other good cause.
35ZH Power to amend a contravention
summons or warrant to arrest
Section 50 of the Magistrates' Court Act
1989 applies to a contravention summons or
warrant to arrest issued under this section as
if the reference in that section—
(a) to a summons or warrant were a
reference to a contravention summons
or warrant to arrest issued under this
section; and
(b) to the court were a reference to the
court by which the intensive correction
management order was imposed.
35ZI Form of a contravention summons
A contravention summons—
(a) must direct the offender to attend at the
proper venue of the Magistrates' Court
or, if the intensive correction
management order was imposed by the
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Supreme Court or the County Court, at
that court, on a specified date and at a
specified time to answer the proceeding
against him or her; and
(b) may be served in any manner in which
a summons to answer a charge may be
served under sections 16 and 17 of the
Criminal Procedure Act 2009.
35ZJ Extension of a return date for a
contravention summons
On the application of the authorised person
who applied for the issue of the
contravention summons at any time before it
is served, the date specified in the
contravention summons for the offender to
attend court (the return date) may be
extended without cause—
(a) before the return date; or
(b) within 28 days after the return date—
by a registrar at the venue of the court at
which the contravention summons was
issued on one occasion and after that may be
extended—
(c) before the current return date; or
(d) within 28 days after the current return
date—
by such a registrar if he or she is satisfied by
evidence on oath or by affidavit that
reasonable efforts have been made to serve
the contravention summons.
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35ZK Service of a contravention summons
Service of a contravention summons may be
proved in any manner in which service of a
summons to answer to a charge may be
proved under section 399 of the Criminal
Procedure Act 2009.
35ZL Issue of a warrant to arrest
(1) When an offender does not attend before a
court in answer to a contravention summons
which has been served in accordance with
section 35ZK, the court may issue a warrant
to arrest the offender.
(2) A warrant to arrest authorised to be issued
under this section is to be in accordance with
Part 4 of the Magistrates' Court Act 1989
and that Part applies to such a warrant to
arrest with any necessary modifications.
35ZM Unrepresented accused
(1) If the offender is unrepresented on his or her
first appearance before the court in answer to
bail granted under section 35ZE, or a
contravention summons or warrant to arrest
issued under section 35ZL, the court must—
(a) ask the offender whether he or she has
sought legal advice; and
(b) if satisfied that the offender has not had
a reasonable opportunity to obtain legal
advice, grant an adjournment if so
requested by the offender.
(2) If the court before which an offender appears
in answer to bail granted under section
35ZE, or a contravention summons or
warrant to arrest issued under section 35ZL
is satisfied that the offender does not have a
knowledge of the English language that is
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sufficient to enable the offender to
understand, or participate in, the proceeding,
it must not hear and determine the
proceeding without a competent interpreter
interpreting it.
35ZN Powers of court on determination of
proceeding
(1) If on the hearing of the proceeding under
section 35ZD(1) the court finds the offender
has contravened the order it must, subject to
subsection (2), either—
(a) vary the intensive correction
management order, in any manner set
out in section 35ZB(2); or
(b) confirm the order originally made; or
(c) cancel the order (if it is still in force).
(2) If the court cancels the order under
subsection (1)(c) because the offender has
breached the order by committing another
offence punishable by imprisonment—
(a) the court must deal with the offender
for the offence or offences in respect of
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 the offence or
offences in respect of which the order
was made; or
(b) if the court is of the opinion that,
having regard to circumstances that
have arisen since the order was made, it
is unjust to deal with the offender under
paragraph (a), take no further action in
relation to sentencing the offender for
the offence or offences in respect of
which the order was made.
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(3) If the court cancels the order under
subsection (1)(c) and subsection (2) does not
apply, the court may—
(a) whether or not the order is still in force,
subject to subsection (4), deal with the
offender for the offence or offences in
respect of 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
(b) take no further action in relation to
sentencing the offender for the offence
or offences in respect of which the
order was made.
(4) In determining how to deal with an offender
following the cancellation by it of an
intensive correction management order, a
court must take into account the extent to
which the offender had complied with the
order before its cancellation.
35ZO Practice and procedure at hearing
(1) The practice and procedure applicable to the
hearing and determination of summary
offences in the Magistrates' Court applies, so
far as is appropriate, to the hearing and
determination of a proceeding under section
35ZD(1), whether or not the court hearing
the proceeding is the Supreme Court, the
County Court or the Magistrates' Court.
(2) Subsection (1) is subject to any rules of
court.
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Subdivision 10—Miscellaneous provisions
35ZP Offender may be fined as well
A court may impose on an offender a fine
authorised by law in addition to making an
intensive correction management order.
35ZQ Secretary may direct offender to report at
another place
(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
an intensive correction management order,
the Secretary to the Department of Justice
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.".
14 Community-based order in addition to term of
imprisonment
(1) Section 36(2)(a) of the Sentencing Act 1991 is
repealed.
(2) After section 36(2) of the Sentencing Act 1991
insert—
"(2A) If a court is sentencing an offender for two or
more offences in the same proceeding, to
two or more sentences of imprisonment, the
court may not make any intensive correction
management order in respect of the offender
if the aggregate of those terms of
imprisonment is more than 3 months,
whether the terms of imprisonment are to be
served (in whole or in part) concurrently or
cumulatively.".
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(3) After section 36(3) of the Sentencing Act 1991
insert—
"(3A) The court must fix the date on which a
community-based order commences, which
must not be more than 3 months after the
order is made.
(3B) If a court makes a community-based order in
respect of an offender in addition to a term of
imprisonment, the community-based order
commences on the release of the offender
from imprisonment.".
15 Insertion of heading to section 39
Insert the following heading to section 39 of the
Sentencing Act 1991—
"Unpaid community work condition".
16 Unpaid community work condition
(1) In section 39(1) of the Sentencing Act 1991, for
"a community service condition" substitute "an
unpaid community work condition".
(2) For section 39(2) and (3) of the Sentencing Act
1991 substitute—
"(2) The total number of hours for which an
offender may be required to perform unpaid
community work under an unpaid
community work condition must not exceed
300 hours over a 2 year period.
(3) Subject to subsection (2), the number of
hours for which an offender may be required
to perform unpaid community work under an
unpaid community work condition must be
determined under section 109(3)(b) or (4)
according to the level of the offence or of the
term of imprisonment or fine that may be
imposed in respect of the offence or, if both
subsections (3)(b) and (4) are applicable, the
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number of hours must be determined in
accordance with the provision that sets out
the lesser number of hours.".
(3) In section 39(6) of the Sentencing Act 1991—
(a) for "a community service condition"
substitute "an unpaid community work
condition";
(b) for "250" substitute "150".
(4) In section 39(7) of the Sentencing Act 1991—
(a) for "a community service condition"
substitute "an unpaid community work
condition";
(b) for "250" substitute "150".
17 Section 46 substituted
For section 46 of the Sentencing Act 1991
substitute—
"46 Variation of community-based order
(1) On an application under section 46A, the
court which made a community-based 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 any
condition of the order; or
(b) the circumstances of the offender were
wrongly stated or were not accurately
presented to the court or the author of a
pre-sentence report before the order
was made; or
(c) the offender is no longer willing to
comply with the order; or
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(d) the rehabilitation and reintegration of
the offender would be advanced by the
making of the decision in relation to the
order; or
(e) the continuation of the sentence is no
longer necessary in the interests of the
community or the offender.
(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;
(b) by cancelling or varying the order;
(c) in relation to a condition of the order,
by cancelling, suspending, varying or
removing the condition;
(d) by attaching a new condition on the
order;
(e) in relation to a program that must be
undertaken under the order, by
cancelling, suspending, varying or
reducing the program;
(f) by imposing an additional program that
must be undertaken under the order.
(3) The court may make a decision under
subsection (2) based on its assessment of the
offender's progress (if any), including the
extent to which the offender has complied
with the order.
(4) The court may make a decision under
subsection (2) as a reward for the offender, if
the court is satisfied of a matter referred to in
subsection (1)(d) or (e).
s. 17
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(5) If the court decides under subsection (2) to
cancel the order the court may—
(a) determine that no further action be
taken in relation to the offender; or
(b) deal 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.
46A Application for variation of a community-
based order
(1) An application for variation of a community-
based order under section 46(1) 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 persons; or
(b) the informant or police prosecutor (if
the sentencing court was the
Magistrates' Court); or
(c) the Director of Public Prosecutions.
(2) Notice of an application under subsection (1)
must be given—
(a) to the offender; and
(b) to the Director of Public Prosecutions
or to the informant or police prosecutor
(if the sentencing court was the
Magistrates' Court).
(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.".
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18 Powers of court on determination of contravention
proceeding
For section 47J(1) of the Sentencing Act 1991
substitute—
"(1) If on the hearing of the proceeding under
section 47(1) the court finds the offender has
contravened the order it must, subject to
subsection (2), either—
(a) vary the community-based order, in any
manner set out in section 46(2); or
(b) confirm the order originally made; or
(c) cancel the order (if it is still in force).
(1A) If the court cancels the order under
subsection (1)(c), the court may—
(a) whether or not the order is still in force,
subject to subsection (2), deal with the
offender for the offence or offences in
respect of 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
(b) take no further action in relation to
sentencing the offender for the
offence.".
19 Time for bringing proceeding for contravention of
community-based order
(1) For section 47(2)(a) of the Sentencing Act 1991
substitute—
"(a) if the contravention is constituted by the
offender committing another offence
punishable by imprisonment during the
period of the order, within 6 months after the
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offence is found proven, subject to
subsection (3); or".
(2) After section 47(2) of the Sentencing Act 1991
insert—
"(3) A proceeding for the contravention of an
order to which subsection (2)(a) applies must
not be commenced more than 2 years after
the order ceases to be in force.".
20 New heading to section 48
Insert the following heading to section 48 of the
Sentencing Act 1991—
"Part payment of fine to reduce unpaid
community work in default".
21 Deferral of sentencing
(1) In section 83A(1) of the Sentencing Act 1991—
(a) after "Magistrates' Court" (where first
occurring) insert "or County Court";
(b) paragraph (a) is repealed;
(c) in paragraph (b), for "Magistrates' Court"
substitute "court";
(d) for "Magistrates' Court" (where lastly
occurring) substitute "court";
(e) for "6 months" substitute "12 months".
(2) After section 83A(1) of the Sentencing Act 1991
insert—
"(1A) The court may defer sentencing the offender
under subsection (1) for any one or more of
the following purposes—
(a) to allow the offender's capacity for and
prospects of rehabilitation to be
assessed;
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43
(b) to allow the offender to demonstrate
that rehabilitation has taken place;
(c) to allow the offender to participate in a
program or programs aimed at
addressing the underlying causes of the
offending;
(d) to allow the offender to participate in a
program or programs aimed at
addressing the impact of the offending
on the victim;
(e) for any other purpose that the court
considers appropriate having regard to
the offender and the circumstances of
the case.
(1B) In making an order deferring a sentence
under subsection (1), the court may
determine the date at which the offender
must re-appear before the court for a review
of the order.
(1C) Dates fixed under subsection (1B) must be
between the date on which the order
deferring the sentence is made and the date
to which the proceeding has been adjourned.
(1D) On the review of an order deferring a
sentence under this section, the court may—
(a) take no further action; or
(b) cancel the order deferring the sentence
and proceed to sentence the offender, as
if the matter were an adjourned hearing
to which subsection (3) applies.
(1E) In making an order deferring a sentence
under subsection (1), the court may order
that any review of the order under subsection
(1B) be dealt with by the court constituted by
s. 21
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Part 2—Amendment of the Sentencing Act 1991
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44
the person who made the order deferring the
sentence.".
(3) In section 83A(2) of the Sentencing Act 1991—
(a) after "Magistrates' Court" (where first
occurring) insert "or County Court";
(b) in paragraph (a), for "6 months" substitute
"12 months";
(c) in paragraph (b), for "Magistrates' Court"
substitute "court".
(4) In section 83A(3) of the Sentencing Act 1991, for
"Magistrates' Court" substitute "court".
(5) In section 83A(4) of the Sentencing Act 1991, for
"Magistrates' Court" (wherever occurring)
substitute "court".
(6) In section 83A(5) of the Sentencing Act 1991—
(a) for "Magistrates' Court" substitute "court";
(b) for "Court" substitute "court".
(7) In section 83A(6) of the Sentencing Act 1991,
after "Magistrates' Court" insert "or County
Court".
22 Pre-sentence reports
In section 96(2) of the Sentencing Act 1991—
(a) for "a combined custody and treatment order,
an intensive correction order" substitute "an
intensive correction management order";
(b) in paragraph (c), for "intensive correction
order" substitute "intensive correction
management order".
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23 Drug and alcohol reports
(1) In section 99A(1) of the Sentencing Act 1991, for
"a combined custody and treatment order"
substitute "an intensive correction management
order (drug and alcohol)".
(2) In section 99A(2)(b) of the Sentencing Act 1991,
for "a combined custody and treatment order"
substitute "an intensive correction management
order (drug and alcohol)".
24 Drug and alcohol pre-release reports
(1) For section 99D(1) of the Sentencing Act 1991
substitute—
"(1) A drug and alcohol pre-release report in
respect of an offender must be prepared by
an approved drug and alcohol assessment
agency if, on the release of the offender from
imprisonment the offender is to be subject to
an intensive correction management order
(drug and alcohol).".
(2) In section 99D(2) of the Sentencing Act 1991, for
"combined custody and treatment order"
substitute "intensive correction management
order (drug and alcohol)".
(3) In section 99D(4)(a) of the Sentencing Act 1991,
for "combined custody and treatment order"
substitute "intensive correction management
order (drug and alcohol)".
25 Penalty scale
(1) In section 109(3)(b) of the Sentencing Act 1991,
for "a community based order with a community
service condition" substitute "an intensive
correction management order or a community-
based order with an unpaid community work
condition".
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Part 2—Amendment of the Sentencing Act 1991
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46
(2) For the table at the foot of section 109(3)(b) of the
Sentencing Act 1991 substitute—
"TABLE 3
Column 1
Term of Imprisonment
Column 2
Unpaid Community Work
More than 5 years 600 hours over a 3 year
period
More than 2 years but not
more than 5 years
500 hours over a 2 year
period
2 years 375 hours over an
18 month period
1 year or more but less than
2 years
250 hours over a
12 month period
6 months or more but less
than 1 year
125 hours over a 6 month
period
Less than 6 months 50 hours over a 3 month
period
".
(3) In section 109(3)(c) of the Sentencing Act 1991
omit "community-based".
(4) For the table at the foot of section 109(4) of the
Sentencing Act 1991 substitute—
"TABLE 4
Column 1
Fine
Column 2
Unpaid Community Work
240 penalty units or more 300 hours over a
24 month period
120 penalty units or more but
less than 240
250 hours over a
12 month period
60 penalty units or more but
less than 120
125 hours over a 6 month
period
10 penalty units or more but
less than 60
50 hours over a 3 month
period
".
s. 25
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Part 2—Amendment of the Sentencing Act 1991
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47
26 Regulations
In section 116(1) of the Sentencing Act 1991—
(a) in paragraph (d), after "community-based
order" insert "or intensive correction
management order";
(b) in paragraph (e), for "intensive correction
orders" substitute "intensive correction
management orders".
27 New section 143 inserted
At the end of Part 12 of the Sentencing Act 1991
insert—
"143 Transitional provision—Sentencing
Amendment Act 2010
(1) In this section—
2010 Act means the Sentencing
Amendment Act 2010;
old combined custody and treatment order
means a combined custody and
treatment order within the meaning of
section 3 as in force before the
commencement of section 7 of the 2010
Act, being an order in force
immediately before that
commencement;
old intensive correction order means an
intensive correction order within the
meaning of section 3 as in force before
the commencement of section 10 of the
2010 Act, being an order in force
immediately before that
commencement;
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Part 2—Amendment of the Sentencing Act 1991
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48
old serious suspended sentence order means
an order made under Subdivision 3 of
Division 2 of Part 3 as in force before
the commencement of section 12 of the
2010 Act as to the suspending of a
sentence of imprisonment on an
offender for a serious offence, being
such an order in force immediately
before that commencement.
Combined custody and treatment orders
(2) Despite the commencement of section 7 of
the 2010 Act, an old combined custody and
treatment 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.
Intensive correction orders
(3) Despite the commencement of section 10 of
the 2010 Act, an old intensive correction
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.
Application of new orders in relation to certain
matters
(4) The amendment of this Act made by sections
7, 10, 13, 14, 15, 16, 21 and 25 of the 2010
Act applies in respect of an offence which is
alleged to have been committed between two
dates, one of which occurs before the
commencement of those sections and one of
which occurs after the commencement of
those sections, and for that purpose the
offence is taken to have been committed
after the commencement of those sections.
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Part 2—Amendment of the Sentencing Act 1991
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No. 77 of 2010
49
Suspended sentences
(5) Despite the commencement of section 12 of
the 2010 Act, an old serious suspended
sentence order is taken to continue in force
on and from that commencement as if this
Act, as in force before that commencement,
continued to apply to it.
(6) The amendment of this Act made by section
12 of the 2010 Act, does not apply where a
finding of guilt is made in relation to a
serious offence committed before the
commencement of that section, irrespective
of whether the finding of guilt is made,
before, on or after that commencement.
(7) For the purposes of subsection (6), if a
serious offence is alleged to have been
committed between two dates, one before
and one after the commencement of
section 12 of the 2010 Act, the offence is
taken to be alleged to have been committed
before that commencement.".
__________________
s. 27
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Part 3—Amendment of other Acts
Sentencing Amendment Act 2010
No. 77 of 2010
50
PART 3—AMENDMENT OF OTHER ACTS
28 Amendment of the Road Safety Act 1986—Offence
to drive while disqualified etc.
For the penalty at the foot of section 30(1) of the
Road Safety Act 1986 substitute—
Penalty: For a first offence, 30 penalty units or
imprisonment for 4 months;
For a subsequent offence, 240 penalty
units or imprisonment for 2 years.".
29 Amendment of the Magistrates' Court Act 1989—
deferred sentences
Section 4Q(3) of the Magistrates' Court Act
1989 is repealed.
__________________
See:
Act No.
127/1986.
Reprint No. 12
as at
5 April 2010
and
amending
Act Nos
19/1991,
13/2009,
93/2009,
6/2010,
13/2010,
19/2010,
29/2010,
30/2010,
45/2010 and
63/2010.
LawToday:
www.
legislation.
vic.gov.au
s. 28
See:
Act No.
51/1989.
Reprint No. 15
as at
5 April 2010
and
amending
Act Nos
51/2006,
52/2008,
12/2010,
29/2010,
30/2010,
34/2010,
40/2010 and
64/2010.
LawToday:
www.
legislation.
vic.gov.au
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No. 77 of 2010
51
PART 4—REPEAL OF AMENDING ACT
30 Repeal of amending Act
This Act is repealed on 1 January 2013.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
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52
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 6 October 2010
Legislative Council: 7 October 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the
Sentencing Act 1991 and the Road Safety Act 1986 and to make minor
and consequential amendments to other Acts and for other purposes."
Endnotes
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