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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety and Sentencing Acts Amendment Bill
2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF THE ROAD SAFETY ACT 1986 3
3 Direction to impose alcohol interlock condition 3
4 New section 103ZF inserted 3
103ZF Transitional provision--Road Safety and Sentencing
Acts Amendment Act 2012 3
5 New section 105A inserted 4
105A Validation concerning certain alcohol interlock
conditions 4
PART 3--AMENDMENT OF THE SENTENCING ACT 1991 7
6 Amendment of section 7 7
7 Amendment of section 38 7
8 Substitution of section 44 7
44 Imprisonment and a community correction order 7
9 Section 116A repealed 8
10 New sections 147 and 148 inserted 8
147 Transitional provision--Sentencing Amendment
(Community Correction Reform) Act 2011 8
148 Transitional provision--Road Safety and Sentencing
Acts Amendment Act 2012 8
11 Amendment of heading to Schedule 3 9
12 Amendment of clause 5 in Schedule 3 9
13 New Part 4 inserted in Schedule 3 10
PART 4--ROAD SAFETY AND SENTENCING ACTS
AMENDMENT ACT 2012--VALIDATIONS 10
18 Validation of certain community correction orders 10
571308B.I-14/8/2012 i BILL LA INTRODUCTION 14/8/2012
Clause Page
PART 4--REPEAL OF AMENDING ACT 13
14 Repeal of amending Act 13
ENDNOTES 14
571308B.I-14/8/2012 ii BILL LA INTRODUCTION 14/8/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Road Safety and Sentencing Acts
Amendment Bill 2012
A Bill for an Act to amend the Road Safety Act 1986 and the
Sentencing Act 1991 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Road Safety Act 1986 to
5 empower a court to direct the Roads
Corporation to impose an alcohol interlock
condition on a driver licence or permit issued
to a person following disqualification for a
drink-driving infringement and to validate
10 certain orders and other actions purportedly
made or taken in reliance on or in relation to
alcohol interlock conditions; and
571308B.I-14/8/2012 1 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 1--Preliminary
s. 2
(b) to amend the Sentencing Act 1991--
(i) to confirm the availability of
community correction orders as a
sentencing option; and
5 (ii) to validate certain orders purportedly
made and other actions purportedly
taken in relation to community
correction orders already made; and
(iii) to clarify the sentencing options
10 involving community correction orders.
2 Commencement
(1) This Act (except sections 7, 8, 10 and 12) comes
into operation on the day on which it receives the
Royal Assent.
15 (2) Sections 7, 8 and 10 come into operation on the
day after the day on which this Act receives the
Royal Assent.
(3) Section 12 is taken to have come into operation on
16 January 2012.
__________________
571308B.I-14/8/2012 2 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 2--Amendment of the Road Safety Act 1986
s. 3
PART 2--AMENDMENT OF THE ROAD SAFETY ACT 1986
3 Direction to impose alcohol interlock condition
For section 50AAA(1)(a) of the Road Safety Act See:
Act No.
1986 substitute-- 127/1986.
Reprint No. 14
5 "(a) a person was disqualified under section 50 as at
27 April 2012
or 89C from obtaining a driver licence or and
permit because-- amending
Act Nos
(i) he or she was convicted or found guilty 19/1991,
32/2011,
of an offence under section 49(1)(a) 34/2011,
10 (other than an offence involving only 65/2011,
21/2012 and
drugs) or under section 49(1)(b), (c), 43/2012.
(d), (e), (f) or (g); or LawToday:
www.
(ii) a traffic infringement notice issued to legislation.
vic.gov.au
the person in respect of a drink-driving
15 infringement took effect as a conviction
for an offence specified in
subparagraph (i); and".
4 New section 103ZF inserted
Before section 104 of the Road Safety Act 1986
20 insert--
"103ZF Transitional provision--Road Safety and
Sentencing Acts Amendment Act 2012
Section 50AAA as amended by section 3 of
the Road Safety and Sentencing Acts
25 Amendment Act 2012 applies to a direction
to the Corporation given on or after the
commencement of section 3 of that Act,
irrespective of when the conviction, finding
of guilt or taking effect as a conviction
30 occurred.".
571308B.I-14/8/2012 3 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 2--Amendment of the Road Safety Act 1986
s. 5
5 New section 105A inserted
After section 105 of the Road Safety Act 1986
insert--
"105A Validation concerning certain alcohol
5 interlock conditions
(1) If, on or after 11 October 2006 and before
the day on which the Road Safety and
Sentencing Acts Amendment Act 2012
receives the Royal Assent, a court gave or
10 purported to give a direction to the
Corporation under section 50AAA (as then
in force) in relation to a person disqualified
under section 89C from obtaining a driver
licence or permit, each of the following has,
15 and is taken always to have had, the same
force and effect as it would have had if
section 3 of that Act had been in operation
when the direction was given or purported to
be given--
20 (a) the direction under section 50AAA;
(b) any order made or purported to have
been made by a court (whether on
appeal or otherwise), including any
penalty imposed, in relation to--
25 (i) the direction under
section 50AAA; or
(ii) compliance with an alcohol
interlock condition imposed on a
driver licence or permit as a result
30 of the direction; or
(iii) an offence in relation to an alcohol
interlock condition imposed on a
driver licence or permit as a result
of the direction;
571308B.I-14/8/2012 4 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 2--Amendment of the Road Safety Act 1986
s. 5
(c) any act performed or decision made,
whether under this or any other Act or
otherwise, in reliance on or in relation
to--
5 (i) the direction under
section 50AAA; or
(ii) an alcohol interlock condition
imposed on a driver licence or
permit as a result of the direction;
10 or
(iii) any order referred to in
paragraph (b).
(2) Any act or thing done or omitted to be done,
whether under a power conferred by or under
15 an enactment or otherwise, before or after
the commencement of section 5 of the Road
Safety and Sentencing Acts Amendment
Act 2012 in reliance on or in relation to a
matter referred to in subsection (1)(a), (b)
20 or (c) has the same effect, and gives rise to
the same consequences, and is to be regarded
as always having had the same effect and
having given rise to the same consequences,
as if section 3 of the Road Safety and
25 Sentencing Acts Amendment Act 2012 had
been in operation when the direction was
given or purported to be given under
section 50AAA.
(3) A right or liability conferred or imposed in
30 relation to, or affected by a matter referred to
in subsection (1)(a), (b) or (c) is exercisable
or enforceable, and is to be regarded as
always having been exercisable or
enforceable, as if section 3 of the Road
35 Safety and Sentencing Acts Amendment
Act 2012 had been in operation when the
571308B.I-14/8/2012 5 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 2--Amendment of the Road Safety Act 1986
s. 5
direction was given or purported to be given
under section 50AAA.
(4) Without limiting subsection (3), the rights
and liabilities conferred or imposed in
5 relation to a matter referred to in subsection
(1)(a), (b) or (c) include rights of appeal.
(5) This section does not affect the right of any
person to appeal against a matter referred to
in subsection (1)(a), (b) or (c) on any other
10 ground.".
__________________
571308B.I-14/8/2012 6 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 6
PART 3--AMENDMENT OF THE SENTENCING ACT 1991
6 Amendment of section 7
In section 7(1) of the Sentencing Act 1991, for See:
Act No.
"this Part" substitute "this Act". 49/1991.
Reprint No. 13
as at
17 February
2012
and
amending
Act Nos
68/2010,
65/2011,
26/2012 and
43/2012.
LawToday:
www.
legislation.
vic.gov.au
5 7 Amendment of section 38
For section 38(2) of the Sentencing Act 1991
substitute--
"(2) Unless section 44(3) applies, a community
correction order must commence on a date
10 specified by the court that is not later than
3 months after the making of the order.".
8 Substitution of section 44
For section 44 of the Sentencing Act 1991
substitute--
15 "44 Imprisonment and a community
correction order
(1) When sentencing an offender in respect of
one, or more than one, offence, a court may
make a community correction order in
20 addition to imposing a sentence of
imprisonment only if--
(a) any sentence of imprisonment imposed
on that occasion in relation to any
offence is not suspended; and
571308B.I-14/8/2012 7 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 9
(b) the sum of all the terms of
imprisonment to be served (after
deduction of any period of custody that
under section 18 is reckoned to be a
5 period of imprisonment or detention
already served) is 3 months or less.
(2) Section 27(5) does not apply to this section.
(3) If a court makes a community correction
order in respect of an offender in addition to
10 imposing a sentence of imprisonment in
accordance with this section, the community
correction order commences on the release
of the offender from imprisonment.".
9 Section 116A repealed
15 Section 116A of the Sentencing Act 1991 is
repealed.
10 New sections 147 and 148 inserted
At the end of Part 12 of the Sentencing Act 1991
insert--
20 "147 Transitional provision--Sentencing
Amendment (Community Correction
Reform) Act 2011
Schedule 3 has effect.
148 Transitional provision--Road Safety and
25 Sentencing Acts Amendment Act 2012
(1) Section 38 as amended by section 7 of the
Road Safety and Sentencing Acts
Amendment Act 2012 applies to a sentence
imposed on or after the commencement of
30 section 7 of that Act, irrespective of when
the offence was committed or the finding of
guilt was made.
571308B.I-14/8/2012 8 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 11
(2) Section 44 as substituted by section 8 of the
Road Safety and Sentencing Acts
Amendment Act 2012 applies to a sentence
imposed on or after the commencement of
5 section 8 of that Act, irrespective of when
the offence was committed or the finding of
guilt was made.
(3) Despite subsections (1) and (2), the
amendment of section 38 by section 7 of the
10 Road Safety and Sentencing Acts
Amendment Act 2012 and the substitution
of section 44 by section 8 of that Act do not
affect the rights of the parties in the
proceedings known as DPP v Tyson Jason
15 Leys; DPP v Dillon Thomas Leys
(No. S APCR 2012 0054 and No. S APCR
2012 0055).".
11 Amendment of heading to Schedule 3
(1) Before the heading to Schedule 3 to the
20 Sentencing Act 1991, omit "Section 116A".
(2) For the heading to Schedule 3 to the Sentencing
Act 1991 substitute--
"TRANSITIONAL PROVISIONS--
SENTENCING AMENDMENT (COMMUNITY
25 CORRECTION REFORM) ACT 2011".
12 Amendment of clause 5 in Schedule 3
In clause 5 of Schedule 3 to the Sentencing Act
1991, for "that Act" substitute "section 21 of that
Act".
571308B.I-14/8/2012 9 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 13
13 New Part 4 inserted in Schedule 3
At the end of Schedule 3 to the Sentencing Act
1991 insert--
"PART 4--ROAD SAFETY AND SENTENCING
5 ACTS AMENDMENT ACT 2012--
VALIDATIONS
18 Validation of certain community
correction orders
(1) A community correction order made or
10 purported to have been made on or after
16 January 2012 and before the day on
which the Road Safety and Sentencing
Acts Amendment Act 2012 receives the
Royal Assent has, and is taken always to
15 have had, the same force and effect as it
would have had if section 12 of that Act had
been in operation when the order was made
or purported to have been made.
(2) For the avoidance of doubt, a community
20 correction order may be made in respect of
an offender sentenced on or after 16 January
2012, irrespective of when the offence was
committed or the finding of guilt was made.
(3) A community correction order referred to in
25 subclause (1) and a sentence of
imprisonment (irrespective of the period of
imprisonment and whether or not the
sentence is suspended in whole or in part)
that are imposed on an offender in exercise,
30 or purported exercise, of a power under
section 44 (as then in force) are not invalid
by reason only of failure to comply with
section 44.
(4) Any act or thing done or omitted to be done,
35 whether under a power conferred by or under
an enactment or otherwise, before or after
571308B.I-14/8/2012 10 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 13
the commencement of section 13 of the
Road Safety and Sentencing Acts
Amendment Act 2012 in reliance on or in
relation to--
5 (a) a community correction order that is
validated by subclause (1) or (3) or a
sentence of imprisonment that is
validated by subclause (3); or
(b) a contravention or alleged
10 contravention of an order or sentence
referred to in paragraph (a)--
including any penalty imposed, has the same
effect, and gives rise to the same
consequences, and is to be regarded as
15 always having had the same effect and
having given rise to the same consequences,
as if section 12 of the Road Safety and
Sentencing Acts Amendment Act 2012 had
been in operation and section 44 of this Act
20 (as then in force) had been complied with.
(5) A right or liability conferred or imposed in
relation to, or affected by--
(a) a community correction order that is
validated by subclause (1) or (3) or a
25 sentence of imprisonment that is
validated by subclause (3); or
(b) a contravention or alleged
contravention of an order or sentence
referred to in paragraph (a)--
30 including any penalty imposed, is
exercisable or enforceable, and is to be
regarded as always having been exercisable
or enforceable, as if section 12 of the Road
Safety and Sentencing Acts Amendment
35 Act 2012 had been in operation and
571308B.I-14/8/2012 11 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 13
section 44 of this Act (as then in force) had
been complied with.
(6) Without limiting subclause (5), the rights and
liabilities conferred or imposed in relation to
5 a community correction order include rights
of appeal.
(7) This clause does not affect the right of any
person to appeal against a sentence that
includes a community correction order on
10 any other ground.
(8) This clause and the amendment of clause 5
of this Schedule by section 12 of the Road
Safety and Sentencing Acts Amendment
Act 2012 do not affect the rights of the
15 parties in the proceedings known as DPP v
Tyson Jason Leys; DPP v Dillon Thomas
Leys (No. S APCR 2012 0054 and
No. S APCR 2012 0055).".
__________________
571308B.I-14/8/2012 12 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Part 4--Repeal of Amending Act
s. 14
PART 4--REPEAL OF AMENDING ACT
14 Repeal of amending Act
This Act is repealed on the first anniversary of
the first day on which all of its provisions are in
5 operation.
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).
571308B.I-14/8/2012 13 BILL LA INTRODUCTION 14/8/2012
Road Safety and Sentencing Acts Amendment Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571308B.I-14/8/2012 14 BILL LA INTRODUCTION 14/8/2012
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