Serious Sex Offenders Monitoring Amendment Act 2009

i Serious Sex Offenders Monitoring Amendment Act 2009 No. 5 of 2009 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Principal Act 2 4 When may a court make an extended supervision order? 2 5 Determination of review 2 6 New section 52 inserted 3 52 Saving provision—Serious Sex Offenders Monitoring Amendment Act 2009 3 7 Repeal of Amending Act 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 Serious Sex Offenders Monitoring Amendment Act 2009 † No. 5 of 2009 [Assented to 10 February 2009] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Serious Sex Offenders Monitoring Act 2005 to clarify the test to be applied by the court in making an extended supervision order. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria -- 2 of 5 -- Serious Sex Offenders Monitoring Amendment Act 2009 No. 5 of 2009 2 3 Principal Act In this Act, the Serious Sex Offenders Monitoring Act 2005 is called the Principal Act. 4 When may a court make an extended supervision order? After section 11(2) of the Principal Act insert— "(2A) For the purposes of subsection (1), an offender is likely to commit a relevant offence if there is a risk of the offender committing a relevant offence and that risk is both real and ongoing and cannot sensibly be ignored having regard to the nature and gravity of the possible offending. (2B) For the avoidance of doubt, subsection (1) permits a determination that an offender is likely to commit a relevant offence on the basis of a lower threshold than a threshold of more likely than not.". 5 Determination of review After section 23(2) of the Principal Act insert— "(2A) For the purposes of subsection (1), an offender is likely to commit a relevant offence if there is a risk of the offender committing a relevant offence and that risk is both real and ongoing and cannot sensibly be ignored having regard to the nature and gravity of the possible offending. s. 3 See: Act No. 1/2005. Reprint No. 2 as at 3 June 2008. LawToday: www. legislation. vic.gov.au -- 3 of 5 -- Serious Sex Offenders Monitoring Amendment Act 2009 No. 5 of 2009 3 (2B) For the avoidance of doubt, subsection (1) permits a determination that an offender is likely to commit a relevant offence on the basis of a lower threshold than a threshold of more likely than not.". 6 New section 52 inserted After section 51 of the Principal Act insert— "52 Saving provision—Serious Sex Offenders Monitoring Amendment Act 2009 (1) For the avoidance of doubt, sections 11 and 23 as in force before the commencement day are taken always to have permitted a determination that an offender is likely to commit a relevant offence on the basis of a lower threshold than a threshold of more likely than not. (2) Nothing in subsection (1) affects the rights of the parties in the proceeding known as RJE v Secretary to the Department of Justice (No. 131 of 2008) in the Court of Appeal. (3) In this section commencement day means the date of commencement of the Serious Sex Offenders Monitoring Amendment Act 2009.". 7 Repeal of Amending 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. 6 -- 4 of 5 -- Serious Sex Offenders Monitoring Amendment Act 2009 No. 5 of 2009 4 ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 February 2009 Legislative Council: 4 February 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Serious Sex Offenders Monitoring Act 2005 and for other purposes." Endnotes -- 5 of 5 --