Sentencing Amendment Act 2009

i Sentencing Amendment Act 2009 No. 77 of 2009 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Sentencing guidelines 2 4 New section 138 inserted 2 138 Transitional provision—Sentencing Amendment Act 2009 2 5 Repeal of Act 2 ═══════════════ ENDNOTES 3 -- 1 of 4 -- 1 Sentencing Amendment Act 2009 † No. 77 of 2009 [Assented to 1 December 2009] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Sentencing Act 1991 to provide specifically that, in sentencing an offender, a court must have regard to whether the offender was motivated by hatred for or prejudice against a group of people with common characteristics with which the victim was associated or with which the offender believed the victim was associated. Victoria -- 2 of 4 -- Sentencing Amendment Act 2009 No. 77 of 2009 2 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Sentencing guidelines After section 5(2)(d) of the Sentencing Act 1991 insert— "(daaa) whether the offence was motivated (wholly or partly) by hatred for or prejudice against a group of people with common characteristics with which the victim was associated or with which the offender believed the victim was associated; and". 4 New section 138 inserted At the end of Part 12 of the Sentencing Act 1991 insert— "138 Transitional provision—Sentencing Amendment Act 2009 Section 5(2)(daaa) as inserted by section 3 of the Sentencing Amendment Act 2009 applies to a sentence imposed on or after the commencement of that Act, irrespective of when the offence was committed.". 5 Repeal of Act This Act is repealed on the first anniversary of its commencement. 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. 2 See: Act No. 49/1991. Reprint No. 11 as at 15 January 2009 and amending Act Nos 46/2008, 7/2009 and 22/2009. LawToday: www. legislation. vic.gov.au -- 3 of 4 -- Sentencing Amendment Act 2009 No. 77 of 2009 3 ENDNOTES † Minister's second reading speech— Legislative Assembly: 17 September 2009 Legislative Council: 15 October 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Sentencing Act 1991 and for other purposes." Endnotes -- 4 of 4 --