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This is a Bill, not an Act. For current law, see the Acts databases.
Sentencing Amendment (Emergency Workers) Act
2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--MINIMUM SENTENCES FOR VIOLENT OFFENCES
AGAINST EMERGENCY WORKERS 3
Division 1--Sentencing Act 1991 amendments 3
3 Custodial sentence must be imposed for gross violence
offences 3
4 New section 10AA inserted 3
10AA Custodial sentence for certain offences against
emergency workers on duty 3
5 Special reasons relevant to sentencing 9
6 New section 154 inserted 11
154 Transitional provisions--Sentencing Amendment
(Emergency Workers) Act 2014--general 11
7 Clarification of reference 11
Division 2--Crimes Act 1958 amendments 12
8 Legislative notes 12
Division 3--Children, Youth and Families Act 2005 amendments 14
9 Release on parole from youth justice centre 14
10 Transfer to prison 14
PART 3--BASELINE SENTENCE FOR MURDER OF
EMERGENCY WORKER ON DUTY 15
11 Baseline sentence for murder of emergency worker on duty 15
12 New section 623 inserted 16
623 Transitional provision--Sentencing Amendment
(Emergency Workers) Act 2014 16
i
Clause Page
PART 4--ASSAULT OFFENCES AGAINST EMERGENCY
WORKERS ON DUTY 17
13 Assaults 17
14 New section 51 substituted 18
51 Assaulting, etc. emergency workers or local authority
staff on duty 18
15 Besetting premises 19
PART 5--COMMUNITY CORRECTION ORDERS 20
16 Sentencing guidelines 20
17 Purpose of community correction order 20
18 Imprisonment and a community correction order 20
19 Schedule 1--Serious offender offences 21
PART 6--REPEAL OF AMENDING ACT 22
20 Repeal of amending Act 22
ENDNOTES 23
ii
Sentencing Amendment (Emergency
Workers) Act 2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Sentencing Act 1991 and the
Crimes Act 1958 to provide a custodial
sentence for certain violent offences
committed against emergency workers; and
1
Sentencing Amendment (Emergency Workers) Act 2014
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Part 1--Preliminary
s. 2
(b) to amend the Crimes Act 1958 to fix a
baseline sentence for murder of an
emergency worker; and
(c) to amend the Crimes Act 1958 and the
Summary Offences Act 1966 to expand
certain existing assault offences to include
emergency workers; and
(d) to amend the Sentencing Act 1991 in
relation to community correction orders and
to expand the list of arson offences in
Schedule 1; and
(e) to amend the Children, Youth and Families
Act 2005 in relation to the release on parole
of persons in respect of whom a youth justice
centre order has been made in accordance
with section 10AA(2) of the Sentencing Act
1991.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision referred to in subsection (1) does
not come into operation before 1 July 2015, it
comes into operation on that day.
__________________
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Part 2--Minimum Sentences for Violent Offences against Emergency
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Workers
PART 2--MINIMUM SENTENCES FOR VIOLENT
OFFENCES AGAINST EMERGENCY WORKERS
Division 1--Sentencing Act 1991 amendments
3 Custodial sentence must be imposed for gross
violence offences
In section 10(2) of the Sentencing Act 1991, See:
Act No.
before paragraph (a) insert-- 49/1991.
Reprint No. 15
"(aa) an offender to the sentencing of whom as at
30 September
section 10AA(1) applies; or". 2013
and
amending
Act Nos
32/2013,
46/2013,
70/2013,
77/2013,
7/2014,
15/2014,
17/2014;
26/2014 and
37/2014.
LawToday:
www.
legislation.
vic.gov.au
4 New section 10AA inserted
After section 10 of the Sentencing Act 1991
insert--
"10AA Custodial sentence for certain offences
against emergency workers on duty
(1) Subject to subsection (2), in sentencing an
offender (whether on appeal or otherwise)
for an offence against a section of the
Crimes Act 1958 specified in column 1 of
Table 1 committed against an emergency
worker on duty, a court must impose a term
of imprisonment and fix under section 11 a
non-parole period of not less than the period
specified in column 2 of that Table in
relation to that offence unless the court finds
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Workers
under section 10A that a special reason
exists.
TABLE 1
Column 2
Column 1 Minimum non-parole
Offence period
Section 15A 5 years
Section 15B 5 years
Section 16 3 years
Section 17 2 years
Note
Section 11(3) requires that a non-parole period must
be at least 6 months less than the term of the sentence.
(2) In the circumstances described in subsection
(3), in sentencing a young offender for an
offence against a section of the Crimes Act
1958 specified in column 1 of Table 2
committed against an emergency worker on
duty, a court is not required to impose a term
of imprisonment and fix a non-parole period
in accordance with subsection (1) but, if it
decides not to impose such a term and fix
such a period, it must make a youth justice
centre order for a term not less than the term
specified in column 2 of that Table in
relation to that offence.
TABLE 2
Column 2
Column 1 Minimum youth justice
Offence centre term
Section 16 3 years
Section 17 2 years
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(3) The circumstances are that the court--
(a) has not made a finding under
section 10A that a special reason exists;
and
(b) has received a pre-sentence report and
believes--
(i) that there are reasonable prospects
for the rehabilitation of the young
offender; or
(ii) that the young offender is
particularly impressionable,
immature or likely to be subjected
to undesirable influences in an
adult prison.
(4) In sentencing an offender (whether on appeal
or otherwise) for an offence against
section 18 of the Crimes Act 1958
committed against an emergency worker on
duty, a court must impose a term of
imprisonment of not less than 6 months
unless the court finds under section 10A that
a special reason exists.
(5) Subsections (1), (2) and (4) apply to a court
in sentencing an offender for the offence
only if it is satisfied beyond reasonable doubt
that--
(a) a victim of the offence was an
emergency worker on duty; and
(b) at the time of carrying out the conduct
the offender knew or was reckless as to
whether the victim was an emergency
worker.
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(6) Subsections (1), (2) and (4) do not apply to
an offender--
(a) who aids, abets, counsels or procures
the commission of the offence; or
Note
See section 323 of the Crimes Act 1958.
(b) who is under the age of 18 years at the
time of the commission of the offence.
(7) Subdivision (4) (except section 32(1), (2),
(2A) and (2B)) applies in relation to a youth
justice centre order made under
subsection (2).
(8) In this section--
emergency treatment means unplanned or
unexpected treatment of a patient that
may be necessary, as a matter of
urgency--
(a) to save the patient's life; or
(b) to prevent damage to the patient's
health; or
(c) to prevent the patient from
suffering or continuing to suffer
pain or distress;
emergency worker means--
(a) a police officer or protective
services officer within the
meaning of the Victoria Police
Act 2013; or
(b) an operational staff member
within the meaning of the
Ambulance Services Act 1986;
or
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Workers
(c) a person employed or engaged to
provide, or support the provision
of, emergency treatment to
patients in a hospital; or
(d) a person employed by the
Metropolitan Fire and Emergency
Services Board established under
the Metropolitan Fire Brigades
Act 1958 or a member of a fire or
emergency service unit
established under that Act; or
(e) an officer or employee of the
Country Fire Authority under the
Country Fire Authority Act
1958; or
(f) an officer or member of a brigade
under the Country Fire
Authority Act 1958, whether a
part-time officer or member, a
permanent officer or member or a
volunteer officer or member
within the meaning of that Act; or
(g) a casual fire-fighter within the
meaning of Part V of the Country
Fire Authority Act 1958; or
(h) a volunteer auxiliary worker
appointed under section 17A of
the Country Fire Authority Act
1958; or
(i) a person employed in the
Department of Environment and
Primary Industries with
emergency response duties; or
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(j) a registered member or
probationary member within the
meaning of the Victoria State
Emergency Service Act 2005 or
an employee in the Victoria State
Emergency Service; or
(k) a volunteer emergency worker
within the meaning of the
Emergency Management Act
1986; or
(l) any other person or body--
(i) required or permitted under
the terms of their
employment by, or contract
for services with, the Crown
or a government agency to
respond (within the meaning
of the Emergency
Management Act 2013) to
an emergency (within the
meaning of that Act); or
(ii) engaged by the Crown or a
government agency to
provide services or perform
work in relation to a
particular emergency;
hospital means--
(a) a public hospital or
denominational hospital within the
meaning of the Health Services
Act 1988; or
(b) a private health care facility
within the meaning of the Private
Health Care Facilities Act 2014.
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Workers
(9) For the purposes of this section an
emergency worker is on duty if--
(a) in the case of a police officer or
protective services officer within the
meaning of the Victoria Police Act
2013, the officer is performing any duty
or exercising any power as such an
officer; or
(b) in the case of an operational staff
member within the meaning of the
Ambulance Services Act 1986, the
staff member is providing, or
attempting to provide, care or treatment
to a patient; or
(c) in the case of a person employed or
engaged to provide, or support the
provision of, emergency treatment to
patients in a hospital, the person is
providing, or supporting the provision
of, or attempting to provide or support
the provision of, such treatment; or
(d) in any other case, the person is
performing any duty or exercising any
power in response to an emergency
within the meaning of the Emergency
Management Act 2013.".
5 Special reasons relevant to sentencing
(1) In the heading to section 10A of the Sentencing
Act 1991, after "offences" insert "or violent
offences against emergency workers".
(2) In section 10A(2) of the Sentencing Act 1991,
after "section 10" insert "or 10AA".
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Sentencing Amendment (Emergency Workers) Act 2014
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(3) After section 10A(2) of the Sentencing Act 1991
insert--
"(2A) Without limiting subsection (2), in the case
of an offence against section 18 of the
Crimes Act 1958 committed by a young
offender against an emergency worker on
duty, a court may make a finding that a
special reason exists if--
(a) it believes that there are reasonable
prospects for the rehabilitation of the
young offender; or
(b) it believes that the young offender is
particularly impressionable, immature
or likely to be subjected to undesirable
influences in an adult prision.".
(4) For section 10A(3)(a) of the Sentencing Act 1991
substitute--
"(a) the Parliament's intention that a sentence of
imprisonment should ordinarily be imposed
for an offence covered by section 10(1) or,
subject to section 10AA(2), for an offence
covered by section 10AA(1) and that a non-
parole period of not less than the length
specified in section 10(1) or 10AA(1) (as the
case requires) should ordinarily be fixed in
respect of that sentence; and
(ab) the Parliament's intention that a sentence of
imprisonment should ordinarily be imposed
for an offence covered by section 10AA(4);
and".
(4) In section 10A(3)(b) of the Sentencing Act 1991,
after "and" insert ", where relevant,".
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6 New section 154 inserted
At the end of Part 12 of the Sentencing Act 1991
insert--
"154 Transitional provisions--Sentencing
Amendment (Emergency Workers) Act
2014--general
(1) The amendments made to this Act by
Division 1 of Part 2 of the Sentencing
Amendment (Emergency Workers) Act
2014 only apply to the sentencing of an
offender on or after the commencement of
that Division for an offence alleged to have
been committed on or after that
commencement.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
between 2 dates, one before and one after the
commencement of Division 1 of Part 2 of the
Sentencing Amendment (Emergency
Workers) Act 2014, it is alleged to have
been committed before that commencement.
(3) The amendments made to this Act by Part 5
of the Sentencing Amendment (Emergency
Workers) Act 2014 apply to the sentencing
of an offender on or after the commencement
of that Part, irrespective of when the offence
was committed or the finding of guilt was
made.".
7 Clarification of reference
In section 5(2AA)(b) of the Sentencing Act 1991
after "expiry" insert "on 22 April 1997".
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Part 2--Minimum Sentences for Violent Offences against Emergency
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Workers
Division 2--Crimes Act 1958 amendments
8 Legislative notes
See: (1) For note 2 at the foot of sections 15A and 15B of
Act No.
6231. the Crimes Act 1958 substitute--
Reprint No. 24
as at "2 Section 10 of the Sentencing Act 1991 requires that a
1 July 2013 term of imprisonment be imposed for an offence
and against section 15A and that a non-parole period of not
amending
Act Nos less than 4 years be fixed under section 11 of that Act
16/2004, unless the court finds under section 10A of that Act
27/2011, that a special reason exists. If, however, a victim is an
60/2013, emergency worker on duty, section 10AA(1) of the
70/2013,
72/2013, Sentencing Act 1991 requires that a non-parole period
77/2013, of not less than 5 years be fixed unless the court finds
7/2014, 8/2014, under section 10A of that Act that a special reason
17/2014, exists.".
25/2014,
26/2014,
36/2014 and
(2) In note 3 at the foot of sections 15A and 15B of
37/2014. the Crimes Act 1958, after "section 10" insert
LawToday:
www.
"or 10AA(1)".
legislation.
vic.gov.au (3) At the foot of section 16 of the Crimes Act 1958
insert--
"Notes
1 Section 10AA(1) of the Sentencing Act 1991 requires
that a term of imprisonment be imposed for an offence
against section 16 and that a non-parole period of not
less than 3 years be fixed under section 11 of that Act if
a victim is an emergency worker on duty unless the
court finds under section 10A of that Act that a special
reason exists.
2 However, section 10AA(2) of the Sentencing Act 1991
allows a youth justice centre order for a term of 3 years
to be made in certain circumstances in respect of a
young offender for an offence against section 16 if the
victim is an emergency worker on duty.
3 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10AA(1) or (2) of that Act do
not apply and the court has full sentencing discretion.".
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(4) At the foot of section 17 of the Crimes Act 1958
insert--
"Notes
1 Section 10AA(1) of the Sentencing Act 1991 requires
that a term of imprisonment be imposed for an offence
against section 17 and that a non-parole period of not
less than 2 years be fixed under section 11 of that Act if
a victim is an emergency worker on duty unless the
court finds under section 10A of that Act that a special
reason exists.
2 However, section 10AA(2) of the Sentencing Act 1991
allows a youth justice centre order for a term of not less
than 2 years to be made in certain circumstances in
respect of a young offender for an offence against
section 17 if the victim is an emergency worker on
duty.
3 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10AA(1) or (2) of that Act do
not apply and the court has full sentencing discretion.".
(5) At the foot of section 18 of the Crimes Act 1958
insert--
"Notes
1 Section 10AA(4) of the Sentencing Act 1991 requires
that a term of imprisonment of not less than 6 months
be imposed for an offence against section 18 if a victim
is an emergency worker on duty unless the court finds
under section 10A of that Act that a special reason
exists.
2 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10AA(4) of that Act do not
apply and the court has full sentencing discretion.".
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Sentencing Amendment (Emergency Workers) Act 2014
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Part 2--Minimum Sentences for Violent Offences against Emergency
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Division 3--Children, Youth and Families Act 2005
amendments
9 Release on parole from youth justice centre
See: After section 458(1) of the Children, Youth and
Act No.
96/2005. Families Act 2005 insert--
Reprint No. 4
as at "(1A) Despite subsection (1), the Youth Parole
27 March
2013
Board must not release on parole a person in
and respect of whom a youth justice centre order
amending
Act Nos
has been made in accordance with section
51/2006, 10AA(2) of the Sentencing Act 1991 before
9/2013,
30/2013,
the expiry of the minimum term applicable
52/2013, under that section.".
63/2013,
67/2013 and
74/2013.
LawToday:
www.
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10 Transfer to prison
(1) In section 469(4) of the Children, Youth and
Families Act 2005, for "A" substitute "Subject to
subsection (4A), a".
(2) After section 469(4) of the Children, Youth and
Families Act 2005 insert--
"(4A) A person in respect of whom a youth justice
centre order has been made in accordance
with section 10AA(2) of the Sentencing Act
1991 who is transferred to a prison under
section 467 or 468 becomes, on transfer,
subject to the jurisdiction of the Adult Parole
Board as if the minimum term of that order
applicable under section 10AA(2) of that Act
had been a non-parole period.".
__________________
14
Sentencing Amendment (Emergency Workers) Act 2014
No. of 2014
Part 3--Baseline Sentence for Murder of Emergency Worker on Duty
s. 11
PART 3--BASELINE SENTENCE FOR MURDER OF
EMERGENCY WORKER ON DUTY
11 Baseline sentence for murder of emergency worker
on duty
For section 3(2) of the Crimes Act 1958
(including the note at the foot of that section)
substitute--
"(2) The baseline sentence for murder is--
(a) 30 years if the court, in determining
sentence, is satisfied that the
prosecution has proved beyond
reasonable doubt that--
(i) the person murdered was an
emergency worker on duty; and
(ii) at the time of carrying out the
conduct the accused knew or was
reckless as to whether that person
was an emergency worker; and
(b) in any other case, 25 years.
(3) In subsection (2)(a) emergency worker on
duty and emergency worker have the same
meanings as in section 10AA of the
Sentencing Act 1991.
Note
See section 5A of the Sentencing Act 1991 as to baseline
sentences.".
15
Sentencing Amendment (Emergency Workers) Act 2014
No. of 2014
Part 3--Baseline Sentence for Murder of Emergency Worker on Duty
s. 12
12 New section 623 inserted
At the end of Part 7 of the Crimes Act 1958
insert--
"623 Transitional provision--Sentencing
Amendment (Emergency Workers)
Act 2014
(1) The amendments made to this Act by
section 11 of the Sentencing Amendment
(Emergency Workers) Act 2014 only apply
to the sentencing of an offender on or after
the commencement of that section for an
offence alleged to have been committed on
or after that commencement.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
between 2 dates, one before and one after the
commencement of section 11 of the
Sentencing Amendment (Emergency
Workers) Act 2014, the offence is alleged to
have been committed before that
commencement.".
__________________
16
Sentencing Amendment (Emergency Workers) Act 2014
No. of 2014
Part 4--Assault Offences against Emergency Workers on Duty
s. 13
PART 4--ASSAULT OFFENCES AGAINST EMERGENCY
WORKERS ON DUTY
13 Assaults
(1) For section 31(1)(b) of the Crimes Act 1958
substitute--
"(b) assaults or threatens to assault, resists or
intentionally obstructs an emergency worker
on duty, knowing or being reckless as to
whether the person was an emergency
worker; or
(ba) assaults or threatens to assault, resists or
intentionally obstructs a person lawfully
assisting an emergency worker on duty,
knowing or being reckless as to whether the
person was an emergency worker; or".
(2) After section 31(2) of the Crimes Act 1958
insert--
"(2A) In subsection (1)--
emergency worker on duty and emergency
worker have the same meanings as in
section 10AA of the Sentencing Act
1991.".
17
Sentencing Amendment (Emergency Workers) Act 2014
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Part 4--Assault Offences against Emergency Workers on Duty
s. 14
14 New section 51 substituted
See: For section 51 of the Summary Offences Act
Act No.
7405. 1966 substitute--
Reprint No. 11
as at "51 Assaulting, etc. emergency workers or
27 April 2012
and local authority staff on duty
amending
Act Nos (1) In this section--
27/2011,
5/2012, emergency worker on duty and emergency
26/2012, worker have the same meanings as in
27/2012,
32/2013, section 10AA of the Sentencing Act
70/2013, 1991.
77/2013,
15/2014,
26/2014 and
(2) A person must not assault, resist, obstruct,
37/2014. hinder or delay an emergency worker on
LawToday:
www.
duty.
legislation.
vic.gov.au Penalty: 60 penalty units or imprisonment
for 6 months.
(3) A person must not assault, resist, obstruct,
hinder or delay a member of staff of a local
authority in the execution of the member's
duty under this Act.
Penalty: 60 penalty units or imprisonment
for 6 months.
(4) A person must not assault, resist, obstruct,
hinder or delay a person lawfully assisting an
emergency worker on duty.
Penalty: 60 penalty units or imprisonment
for 6 months.
(5) In addition to imposing a penalty under this
section, the court may order and award a sum
sufficient to cover any damage which an
emergency worker or a member of staff of a
local authority or a person lawfully assisting
an emergency worker has sustained by the
assault, resistance, obstruction, hindrance or
delay.
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Part 4--Assault Offences against Emergency Workers on Duty
s. 15
(6) A sum awarded under subsection (5) may be
recovered in the same manner as the
penalty.".
15 Besetting premises
(1) Insert the following heading to section 52 of the
Summary Offences Act 1966--
"Besetting premises".
(2) Section 52(1) of the Summary Offences Act
1966 is repealed.
(3) Section 52(2) of the Summary Offences Act
1966 is repealed.
__________________
19
Sentencing Amendment (Emergency Workers) Act 2014
No. of 2014
Part 5--Community Correction Orders
s. 16
PART 5--COMMUNITY CORRECTION ORDERS
16 Sentencing guidelines
After section 5(4B) of the Sentencing Act 1991
insert--
"(4C) A court must not impose a sentence that
involves the confinement of the offender
unless it considers that the purpose or
purposes for which the sentence is imposed
cannot be achieved by a community
correction order to which one or more of the
conditions referred to in sections 48F, 48G,
48H, 48I and 48J are attached.".
17 Purpose of community correction order
At the end of section 36 of the Sentencing Act
1991 insert--
"(2) Without limiting when a community
correction order may be imposed, it may be
an appropriate sentence where, before the
ability of the court to impose a suspended
sentence was abolished, the court may have
imposed a sentence of imprisonment and
then suspended in whole that sentence of
imprisonment.".
18 Imprisonment and a community correction order
(1) For section 44(1) of the Sentencing Act 1991
substitute--
"(1) When sentencing an offender in respect of
one, or more than one, offence (other than an
offence to which clause 5 of Schedule 1
applies), a court may make a community
correction order in addition to imposing a
sentence of imprisonment only if 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 period
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Sentencing Amendment (Emergency Workers) Act 2014
No. of 2014
Part 5--Community Correction Orders
s. 19
of imprisonment or detention already served)
is 2 years or less.
(1A) When sentencing an offender in respect of
one, or more than one, offence to which
clause 5 of Schedule 1 applies, a court may
make a community correction order in
addition to imposing any sentence of
imprisonment.".
(2) In section 44(3) of the Sentencing Act 1991, after
"from imprisonment" insert "or, if the offender is
released on parole, on the completion of the parole
period (as defined in section 55(1) of the
Corrections Act 1986)".
(3) After section 44(3) of the Sentencing Act 1991
insert--
"(4) A reference in this section to a sentence of
imprisonment does not include a sentence
that has been suspended.".
19 Schedule 1--Serious offender offences
In clause 5 of Schedule 1 to the Sentencing Act
1991--
(a) after paragraph (b) insert--
"(ba) an offence against section 66 of the
Forests Act 1958 (placing inflammable
material for the purpose of causing
fire);
(bb) an offence against section 39C of the
Country Fire Authority Act 1958
(causing fire in a country area with
intent to cause damage);"; and
(b) in paragraph (c), for "or (b)" substitute
"(b), (ba) or (bb)".
__________________
21
Sentencing Amendment (Emergency Workers) Act 2014
No. of 2014
Part 6--Repeal of Amending Act
s. 20
PART 6--REPEAL OF AMENDING ACT
20 Repeal of amending Act
This Act is repealed on 1 July 2016.
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).
22
Sentencing Amendment (Emergency Workers) Act 2014
No. of 2014
Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Sentencing Act 1991 and the Crimes Act 1958 to provide a custodial
sentence for certain violent offences committed against emergency
workers, to amend the Crimes Act 1958 to fix a baseline sentence for
murder of an emergency worker, to amend the Crimes Act 1958 and the
Summary Offences Act 1966 to expand existing assault offences to
include emergency workers, to amend the Sentencing Act 1991 in
relation to community correction orders, to amend the Children, Youth
and Families Act 2005 in relation to the release on parole of certain
offenders and for other purposes."
By Authority. Government Printer for the State of Victoria.
23
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