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SENTENCING ACT 1991 - NOTES

Version No. 204

No. 49 of 1991

Version incorporating amendments as at
26 June 2019

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Version No. 204

Sentencing Act 1991

No. 49 of 1991
Version incorporating amendments as at
26 June 2019

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 19 March 1991

Legislative Council: 30 May 1991

The long title for the Bill for this Act was "A Bill to revise and restate the sentencing powers of courts, to provide sentencing principles to be applied by courts in sentencing offenders, to repeal the Penalties and Sentences Act 1985, to vary the penalties that may be imposed in respect of offences under the Crimes Act 1958, to make consequential amendments to various Acts and for other purposes.".

The Sentencing Act 1991 was assented to on 25 June 1991 and came into operation on 22 April 1992: Government Gazette 15 April 1992 page 898.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Sentencing Act 1991 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Crimes (Sexual Offences) Act 1991, No. 8/1991 (as amended by No. 49/1991)

Assent Date:

16.4.91

Commencement Date:

S. 20(3) on 5.8.91: Government Gazette 24.7.91 p. 2026

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes (Rape) Act 1991, No. 81/1991

Assent Date:

3.12.91

Commencement Date:

Ss 7, 8 on 16.4.91: s. 2(2); ss 1–4, 6, 9, 10 on 1.1.92: Government Gazette 18.12.91 p. 3486; s. 5 on 1.2.92: Government Gazette 22.1.92 p. 114

Current State:

All of Act in operation

Crimes (Confiscation of Profits) (Amendment) Act 1991, No. 90/1991

Assent Date:

10.12.91

Commencement Date:

All of Act (except ss 26, 37) on 1.9.92; ss 26, 37 on 6.12.92: Government Gazette 12.8.92 p. 2179

Current State:

All of Act in operation

Sentencing (Amendment) Act 1993, No. 41/1993

Assent Date:

1.6.93

Commencement Date:

Ss 1, 2 on 1.6.93: s. 2(1); rest of Act (except ss 13, 15) on 15.8.93; ss 13, 15 on 1.11.93: Government Gazette 12.8.93 p. 2244

Current State:

All of Act in operation

Health and Community Services (General Amendment) Act 1993, No. 42/1993

Assent Date:

1.6.93

Commencement Date:

S. 60 on 21.8.94: Government Gazette 18.8.94 p. 2240

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes (Criminal Trials) Act 1993, No. 60/1993

Assent Date:

8.6.93

Commencement Date:

Ss 1–3 on 8.6.93: s. 2(1); s. 27 on 21.6.93: Special Gazette (No. 40) 17.6.93 p. 1; rest of Act on 1.7.93: Government Gazette 1.7.93 p. 1735

Current State:

All of Act in operation

Medical Practice Act 1994, No. 23/1994

Assent Date:

17.5.94

Commencement Date:

Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672

Current State:

All of Act in operation

Sentencing (Victim Impact Statement) Act 1994, No. 24/1994

Assent Date:

17.5.94

Commencement Date:

Ss 1–3 on 17.5.94: s. 2(1); ss 4–9 on 31.5.94: Government Gazette 26.5.94 p. 1265

Current State:

All of Act in operation

Public Prosecutions Act 1994, No. 43/1994

Assent Date:

7.6.94

Commencement Date:

Pt 1 (ss 1–3) on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3)

Current State:

All of Act in operation

Constitution (Court of Appeal) Act 1994, No. 109/1994

Assent Date:

20.12.94

Commencement Date:

Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1

Current State:

All of Act in operation

Public Prosecutions (Amendment) Act 1995, No. 36/1995

Assent Date:

6.6.95

Commencement Date:

6.6.95

Current State:

All of Act in operation

Mental Health (Amendment) Act 1995, No. 98/1995

Assent Date:

5.12.95

Commencement Date:

Ss 1, 2 on 5.12.95: s. 2(1); s. 60 on 26.5.96: Government Gazette 9.5.96 p. 1099; rest of Act on 1.7.96: Government Gazette 27.6.96 p. 1593

Current State:

All of Act in operation

Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996

Assent Date:

2.7.96

Commencement Date:

Pt 9 (ss 19–21) on 2.7.96: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Corrections (Amendment) Act 1996, No. 45/1996

Assent Date:

26.11.96

Commencement Date:

S. 18(Sch. 2 items 11.1–11.15) on 6.2.97: Government Gazette 6.2.97 p. 257

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Victims of Crime Assistance Act 1996, No. 81/1996

Assent Date:

17.12.96

Commencement Date:

Ss 74, 75 on 1.7.97: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Police and Corrections (Amendment) Act 1997, No. 26/1997

Assent Date:

20.5.97

Commencement Date:

S. 54 on 22.5.97: Government Gazette 22.5.97 p. 1131

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997

Assent Date:

11.6.97

Commencement Date:

Ss 3, 4(b)–(e), 5–7, 8(2)(b)(c), 10, 11, 13(1), 14,
16–18, 19(1), 20, 22, 25, 27–34 on 1.9.97: s. 2(2); ss 9, 13(2)–(4), 15, 19(2)(3), 21, 26 on 20.11.97: Government Gazette 20.11.97 p. 3169; ss 4(a), 8(1)(2)(a), 12, 23, 24 on 15.12.97: Government Gazette 11.12.97 p. 3365

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing (Amendment) Act 1997, No. 69/1997

Assent Date:

18.11.97

Commencement Date:

Ss 17, 19, 21 on 1.9.97: s. 2(2); ss 4–6, 9–16, 18, 20 on 18.11.97: s. 2(1); ss 7, 8 on 11.12.97: Government Gazette 11.12.97 p. 3365

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Confiscation Act 1997, No. 108/1997

Assent Date:

23.12.97

Commencement Date:

Ss 148, 149, 156 on 1.7.98: Government Gazette 25.6.98 p. 1561

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:

26.5.98

Commencement Date:

S. 7(Sch. 1) on 1.7.98: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Road Safety (Amendment) Act 1998, No. 57/1998

Assent Date:

13.10.98

Commencement Date:

Ss 26, 27 on 1.5.99: Government Gazette 18.3.99 p. 665

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Magistrates' Court (Amendment) Act 1999, No. 10/1999

Assent Date:

11.5.99

Commencement Date:

Ss 30, 31(4) on 11.5.99: s. 2(1); ss 18(1)–(3), 19 on 1.7.99: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing (Amendment) Act 1999, No. 19/1999

Assent Date:

18.5.99

Commencement Date:

S. 16 on 18.5.99: s. 2(1); ss 4–15 on 1.1.00: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Dental Practice Act 1999, No. 26/1999 (as amended by No. 27/2000)

Assent Date:

1.6.99

Commencement Date:

S. 107(Sch. item 8) on 1.7.00: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes (Criminal Trials) Act 1999, No. 35/1999

Assent Date:

8.6.99

Commencement Date:

S. 37 on 1.9.99: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000

Assent Date:

28.3.00

Commencement Date:

Ss 8, 9 on 29.3.00: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Psychologists Registration Act 2000, No. 41/2000

Assent Date:

6.6.00

Commencement Date:

S. 102(Sch. item 6) on 1.6.01: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Victims of Crime Assistance (Amendment) Act 2000, No. 54/2000

Assent Date:

12.9.00

Commencement Date:

Ss 21–24 on 1.1.01: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes (Amendment) Act 2000, No. 67/2000

Assent Date:

21.11.00

Commencement Date:

22.11.00 s. 2

Current State:

All of Act in operation

Magistrates' Court (Infringements) Act 2000, No. 99/2000

Assent Date:

12.12.00

Commencement Date:

Ss 15, 16 on 1.7.01: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Corrections (Custody) Act 2001, No. 45/2001

Assent Date:

27.6.01

Commencement Date:

S. 45 on 1.3.02: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001

Assent Date:

23.10.01

Commencement Date:

S. 14 on 1.1.02: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing (Emergency Service Costs) Act 2001, No. 80/2001

Assent Date:

4.12.01

Commencement Date:

5.12.01: s. 2

Current State:

All of Act in operation

Road Safety (Alcohol Interlocks) Act 2002, No. 1/2002

Assent Date:

26.3.02

Commencement Date:

Ss 11–14 on 13.5.02: Government Gazette 2.5.02 p. 789

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing (Amendment) Act 2002, No. 2/2002

Assent Date:

26.3.02

Commencement Date:

Ss 4–7 on 2.5.02: Government Gazette 2.5.02 p. 789

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002

Assent Date:

18.6.02

Commencement Date:

S. 28(Sch. item 5.1) on 2.5.02: s. 2(2); s. 28(Sch. item 5.2) on 19.6.02: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003

Assent Date:

6.5.03

Commencement Date:

Ss 13, 14 on 7.5.03: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing (Amendment) Act 2003, No. 13/2003

Assent Date:

6.5.03

Commencement Date:

Ss 4–6 on 1.7.04: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Corrections and Sentencing Acts (Home Detention) Act 2003, No. 53/2003

Assent Date:

16.6.03

Commencement Date:

Ss 3–8 on 1.1.04: s. 2(5)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Confiscation (Amendment) Act 2003, No. 63/2003

Assent Date:

30.9.03

Commencement Date:

S. 50 on 1.12.03: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Monetary Units Act 2004, No. 10/2004

Assent Date:

11.5.04

Commencement Date:

Ss 13, 15(Sch. 1 item 27) on 1.7.04: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004

Assent Date:

18.5.04

Commencement Date:

S. 9 on 19.5.04: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004

Assent Date:

16.6.04

Commencement Date:

Ss 43–45 on 17.6.04: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes (Dangerous Driving) Act 2004, No. 59/2004

Assent Date:

12.10.04

Commencement Date:

S. 9 on 13.10.04: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing (Superannuation Orders) Act 2004, No. 65/2004

Assent Date:

12.10.04

Commencement Date:

S. 3 on 13.10.04: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Children and Young Persons (Age Jurisdiction) Act 2004, No. 72/2004

Assent Date:

9.11.04

Commencement Date:

Ss 38–40 on 1.7.05: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004

Assent Date:

23.11.04

Commencement Date:

S. 24 on 1.1.05: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 181) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Transport Legislation (Amendment) Act 2004, No. 110/2004

Assent Date:

21.12.04

Commencement Date:

S. 45 on 22.12.04: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Serious Sex Offenders Monitoring Act 2005, No. 1/2005

Assent Date:

1.3.05

Commencement Date:

S. 48 on 26.5.05: Government Gazette 26.5.05 p. 1069

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Statute Law Revision Act 2005, No. 10/2005

Assent Date:

27.4.05

Commencement Date:

S. 4(Sch. 2 item 2) on 28.4.05: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing (Further Amendment) Act 2005, No. 15/2005

Assent Date:

10.5.05

Commencement Date:

Ss 3–6 on 11.5.05: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:

24.5.05

Commencement Date:

S. 18(Sch. 1 item 97) on 12.12.05: Government Gazette 1.12.05 p. 2781

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Magistrates' Court (Judicial Registrars and Court Rules) Act 2005, No. 19/2005

Assent Date:

24.5.05

Commencement Date:

S. 11(2) on 25.5.05: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Parliamentary Administration Act 2005, No. 20/2005

Assent Date:

24.5.05

Commencement Date:

S. 52(3) on 1.7.05: s. 2(4)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005

Assent Date:

21.6.05

Commencement Date:

S. 8 on 22.6.05: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sex Offenders Registration (Amendment) Act 2005, No. 34/2005

Assent Date:

21.6.05

Commencement Date:

S. 27 on 1.8.05: Government Gazette 28.7.05 p. 1642

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Victoria State Emergency Service Act 2005, No. 51/2005

Assent Date:

24.8.05

Commencement Date:

S. 58(7)(8) on 1.11.05: Government Gazette 20.10.05 p. 2308

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Working with Children Act 2005, No. 57/2005 (as amended by No. 93/2005)

Assent Date:

13.9.05

Commencement Date:

S. 50 on 3.4.06: Government Gazette 30.3.06 p. 615

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005

Assent Date:

11.10.05

Commencement Date:

Ss 3–6 on 1.10.06: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes (Homicide) Act 2005, No. 77/2005

Assent Date:

22.11.05

Commencement Date:

S. 8(4) on 23.11.05: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005

Assent Date:

29.11.05

Commencement Date:

S. 15 on 30.11.05: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Health Professions Registration Act 2005, No. 97/2005

Assent Date:

7.12.05

Commencement Date:

S. 182(Sch. 4 item 45) on 1.7.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006)

Assent Date:

7.3.06

Commencement Date:

S. 43 on 1.12.06: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Disability Act 2006, No. 23/2006

Assent Date:

16.5.06

Commencement Date:

Ss 226–230 on 1.7.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Education and Training Reform Act 2006, No. 24/2006

Assent Date:

16.5.06

Commencement Date:

S. 6.1.2(Sch. 7 item 35) on 1.7.07: Government Gazette 28.6.07 p. 1304

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:

13.6.06

Commencement Date:

Ss 92, 93 on 1.7.06: Government Gazette 29.6.06 p. 1315

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:

15.8.06

Commencement Date:

S. 42(Sch. item 32) on 23.4.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Courts Legislation (Jurisdiction) Act 2006, No. 50/2006

Assent Date:

15.8.06

Commencement Date:

Ss 38, 39 on 16.8.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:

10.10.06

Commencement Date:

S. 26(Sch. item 95) on 11.10.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006

Assent Date:

10.10.06

Commencement Date:

S. 7 on 11.10.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing (Suspended Sentences) Act 2006, No. 82/2006

Assent Date:

10.10.06

Commencement Date:

S. 8 on 11.10.06: s. 2(1); ss 3–6(1), 7(1) on 1.11.06: s. 2(4); ss 6(2)(3), 7(2) on 23.4.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Working With Children Amendment Act 2007, No. 56/2007

Assent Date:

7.11.07

Commencement Date:

S. 22 on 3.4.06: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Amendment (Child Homicide) Act 2008, No. 7/2008

Assent Date:

18.3.08

Commencement Date:

S. 7(4) on 19.3.08: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Criminal Procedure Legislation Amendment Act 2008, No. 8/2008

Assent Date:

18.3.08

Commencement Date:

Ss 3, 18 on 1.7.08: s. 2(5)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Relationships Act 2008, No. 12/2008

Assent Date:

15.4.08

Commencement Date:

S. 73(1)(Sch. 1 item 56) on 1.12.08: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008

Assent Date:

13.5.08

Commencement Date:

Ss 15–17 on 1.7.08: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment Act 2008, No. 21/2008

Assent Date:

2.6.08

Commencement Date:

S. 25(1) on 3.6.08: Special Gazette (No. 148) 3.6.08 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date:

2.9.08

Commencement Date:

S. 287 on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Family Violence Protection Act 2008, No. 52/2008

Assent Date:

23.9.08

Commencement Date:

Ss 265, 266 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Stalking Intervention Orders Act 2008, No. 68/2008

Assent Date:

18.11.08

Commencement Date:

Ss 82, 83 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009)

Assent Date:

10.3.09

Commencement Date:

Ss 432–434 on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Amendment (Identity Crime) Act 2009, No. 22/2009

Assent Date:

17.6.09

Commencement Date:

Ss 5–7 on 1.10.09: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:

24.11.09

Commencement Date:

S. 97(Sch. item 110) on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:

24.11.09

Commencement Date:

S. 54(Sch. Pt 1 item 51) on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Amendment Act 2009, No. 77/2009

Assent Date:

1.12.09

Commencement Date:

2.12.09: s. 2

Current State:

All of Act in operation

Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009

Assent Date:

15.12.09

Commencement Date:

S. 58 on 17.12.09: Government Gazette 17.12.09 p. 3338

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009

Assent Date:

15.12.09

Commencement Date:

S. 219(Sch. 3 item 2) on 1.1.10: Government Gazette 24.12.09 p. 3397

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009

Assent Date:

15.12.09

Commencement Date:

S. 49(1) on 17.12.09: Government Gazette 17.12.09 p. 3339

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Legislation Amendment Act 2010, No. 7/2010

Assent Date:

16.3.10

Commencement Date:

S. 14 on 17.3.10: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:

30.3.10

Commencement Date:

S. 51(Sch. item 49) on 1.7.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010, No. 18/2010

Assent Date:

18.5.10

Commencement Date:

Ss 7–10 on 1.1.11: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:

8.6.10

Commencement Date:

S. 71 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment Act 2010, No. 30/2010

Assent Date:

8.6.10

Commencement Date:

S. 5 on 26.6.10: Government Gazette 24.6.10 p. 1274; ss 3, 4, 6–8, 10–12, 14, 15, 17, 23, 24, 28, 29 on 1.1.11: Government Gazette 28.10.10 p. 2583; ss 16, 19, 25–27 on 1.1.12: s. 2(5); ss 9, 13, 18, 20–22 never proclaimed, repealed by No. 65/2011 s. 99

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Severe Substance Dependence Treatment Act 2010, No. 43/2010

Assent Date:

10.8.10

Commencement Date:

S. 48 on 1.3.11: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Personal Safety Intervention Orders Act 2010, No. 53/2010

Assent Date:

7.9.10

Commencement Date:

S. 224 on 1.12.10: Government Gazette 14.10.10 p. 2405; s. 221(Sch. item 10) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010

Assent Date:

28.9.10

Commencement Date:

S. 81(Sch. item 10) on 1.11.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Confiscation Amendment Act 2010, No. 68/2010

Assent Date:

12.10.10

Commencement Date:

S. 70(4) on 1.11.10: Government Gazette 28.10.10 p. 2583; s. 70(1)–(3) on 1.4.12: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Amendment Act 2010, No. 77/2010 (as amended by No. 9/2011)

Assent Date:

19.10.10

Commencement Date:

Ss 3(a), 12, 27 on 1.5.11: Special Gazette (No. 125) 19.4.11 p. 1; s. 21 on 1.1.12: s. 2(2); ss 3(b)–(e), 4–11, 13–20, 22–26 never proclaimed, repealed by No. 65/2011 ss 71–92

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Further Amendment Act 2011, No. 9/2011

Assent Date:

12.4.11

Commencement Date:

Ss 6, 7 on 1.1.12: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 84) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011, No. 48/2011

Assent Date:

22.9.11

Commencement Date:

Ss 12–24 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 4

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011 (as amended by Nos 26/2012, 43/2012, 32/2013, 56/2013)

Assent Date:

22.11.11

Commencement Date:

Ss 3(13), 53 on 23.11.11: s. 2(1); s. 5(4) on 1.1.12: s. 2(2); ss 3(1)–(12)(14), 4, 5(1)–(3), 6–48, 50–52, 54, 68 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3; ss 55, 58, 59, 70 on 1.5.13: Special Gazette (No. 156) 23.4.13 p. 1; ss 56, 57, 60, 69 on 30.6.13: Special Gazette (No. 156) 23.4.13 p. 1; s. 49 on 30.9.13: s. 2(4); ss 61–67 never proclaimed, repealed by No. 56/2013 s. 35(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012

Assent Date:

29.5.12

Commencement Date:

Ss 26–70 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Statute Law Revision Act 2012, No. 43/2012

Assent Date:

27.6.12

Commencement Date:

S. 3(Sch. item 46) on 28.6.12: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Road Safety and Sentencing Acts Amendment Act 2012, No. 45/2012

Assent Date:

17.8.12

Commencement Date:

S. 12 on 16.1.12: s. 2(3); ss 6, 9, 11, 13 on 17.8.12: s. 2(1); ss 7, 8, 10 on 18.8.12: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Criminal Procedure Amendment Act 2012, No. 48/2012

Assent Date:

4.9.12

Commencement Date:

Ss 43–46 on 5.9.12: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012, No. 49/2012

Assent Date:

4.9.12

Commencement Date:

Ss 6–8 on 31.1.13: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012

Assent Date:

18.12.12

Commencement Date:

S. 33(1)–(3) on 20.12.12: Special Gazette (No. 444) 19.12.12 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Amendment (Gross Violence Offences) Act 2013, No. 6/2013

Assent Date:

26.2.13

Commencement Date:

Ss 8–10 on 1.7.13: Special Gazette (No. 180) 21.5.13 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment Act 2013, No. 31/2013

Assent Date:

4.6.13

Commencement Date:

Ss 8–11 on 4.6.13: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013 (as amended by No. 77/2013)

Assent Date:

4.6.13

Commencement Date:

Ss 3–5, 33–36, 38–42 on 5.6.13: s. 2(1); s. 37 on 30.6.13: Special Gazette (No. 226) 25.6.13 p. 1;
ss 23–26 on 27.7.13: Special Gazette (No. 226) 25.6.13 p. 1; ss 6, 7 on 1.9.13: Special Gazette (No. 284) 13.8.13 p. 1; ss 27, 30–32 on 30.9.13: Special Gazette (No. 284) 13.8.13 p. 1; ss 28, 29 on 20.12.13: Special Gazette (No. 449) 17.12.13 p. 1; ss 46–50, 56–58 on 19.4.14: Special Gazette (No. 122) 15.4.14 p. 2; ss 8–22 on 1.9.14: s. 2(5)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Corrections Amendment (Breach of Parole) Act 2013, No. 46/2013

Assent Date:

10.9.13

Commencement Date:

S. 5 on 1.7.14: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Road Safety and Sentencing Acts Amendment Act 2013, No. 56/2013

Assent Date:

24.9.13

Commencement Date:

Ss 33, 38 on 25.9.13: s. 2(1); ss 31, 32, 37 on 30.9.13: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Statute Law Revision Act 2013, No. 70/2013

Assent Date:

19.11.13

Commencement Date:

S. 3(Sch. 1 item 49) on 1.12.13: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013

Assent Date:

17.12.13

Commencement Date:

S. 50 on 18.12.13: s. 2(1); s. 47 on 19.4.14: s. 2(2); s. 46 on 2.9.14: Special Gazette (No. 295) 2.9.14 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Amendment (Grooming) Act 2014, No. 7/2014

Assent Date:

25.2.14

Commencement Date:

S. 5(2) on 9.4.14: Special Gazette (No. 112) 8.4.14 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Summary Offences and Sentencing Amendment Act 2014, No. 15/2014

Assent Date:

18.3.14

Commencement Date:

Ss 7, 8 on 1.9.14: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 88) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Mental Health Act 2014, No. 26/2014

Assent Date:

8.4.14

Commencement Date:

Ss 429–435 on 1.7.14: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. items 151.1–151.5, 151.7, 151.8) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2; s. 10(Sch. item 151.6) on 1.9.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Fines Reform Act 2014, No. 47/2014

Assent Date:

1.7.14

Commencement Date:

Ss 305–312 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Amendment (Baseline Sentences) Act 2014, No. 52/2014 (as amended by No. 72/2014)

Assent Date:

12.8.14

Commencement Date:

Ss 3–10 on 2.11.14: Special Gazette (No. 350) 7.10.14 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:

26.8.14

Commencement Date:

Ss 169, 170 on 2.9.14: Special Gazette (No. 295) 2.9.14 p. 1; ss 48, 49 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014

Assent Date:

9.9.14

Commencement Date:

S. 170 on 1.3.16: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014

Assent Date:

9.9.14

Commencement Date:

Ss 5(3), 7(18)(19) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1; s. 7(17) on 2.11.14: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Amendment (Emergency Workers) Act 2014, No. 69/2014 (as amended by Nos 72/2014, 79/2014)[20]

Assent Date:

23.9.14

Commencement Date:

Ss 6, 16–19 on 29.9.14: Special Gazette (No. 330) 23.9.14 p. 1; ss 3, 4, 5(2)–(4), 7 on 2.11.14: Special Gazette (No. 330) 23.9.14 p. 1; s. 5(1) never proclaimed, repealed by No. 72/2014 s. 13(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Act 2014, No. 72/2014

Assent Date:

30.9.14

Commencement Date:

Ss 6–9 on 1.11.14: s. 2(4); ss 10, 11 on 1.11.14: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014

Assent Date:

21.10.14

Commencement Date:

Ss 17–19 on 1.7.15: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014

Assent Date:

21.10.14

Commencement Date:

S. 71 on 22.10.14: s. 2(1); s. 64 on 1.11.14: s. 2(5);
ss 55–58 on 2.11.14: Special Gazette (No. 400) 29.10.14 p. 2; s. 63 on 2.11.14: s. 2(6)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, No. 81/2014 (as amended by No. 20/2015)

Assent Date:

21.10.14

Commencement Date:

Ss 3, 4 on 1.9.15: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Amendment (Repeal of Section 19A) Act 2015, No. 17/2015

Assent Date:

2.6.15

Commencement Date:

S. 4 on 3.6.15: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Amendment (Correction of Sentencing Error) Act 2015, No. 19/2015

Assent Date:

2.6.15

Commencement Date:

Ss 4–8 on 3.6.15: s. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:

16.6.15

Commencement Date:

S. 54 on 17.6.15: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Statute Law Revision Act 2015, No. 21/2015

Assent Date:

16.6.15

Commencement Date:

S. 3(Sch. 1 item 47) on 1.8.15: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015

Assent Date:

22.9.15

Commencement Date:

S. 26 on 1.12.15: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015, No. 52/2015

Assent Date:

13.10.15

Commencement Date:

S. 46 on 14.10.15: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:

16.2.16

Commencement Date:

Ss 56, 57 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Confiscation and Other Matters Amendment Act 2016, No. 27/2016

Assent Date:

31.5.16

Commencement Date:

S. 46 on 1.6.16: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Legislation Amendment Act 2016, No. 28/2016

Assent Date:

31.5.16

Commencement Date:

Ss 3–5 on 3.10.16: Special Gazette (No. 296) 27.9.16 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016, No. 32/2016

Assent Date:

31.5.16

Commencement Date:

Ss 40–42 on 1.6.16: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation (Evidence and Other Acts) Amendment Act 2016, No. 38/2016

Assent Date:

28.6.16

Commencement Date:

S. 11 on 12.9.16: Special Gazette (No. 278) 6.9.16 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

Assent Date:

6.9.16

Commencement Date:

S. 41 on 1.7.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Amendment (Carjacking and Home Invasion) Act 2016, No. 50/2016

Assent Date:

18.10.16

Commencement Date:

Ss 5, 6 on 7.12.16: Special Gazette (No. 375) 6.12.16 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

National Domestic Violence Order Scheme Act 2016, No. 53/2016

Assent Date:

18.10.16

Commencement Date:

S. 124 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Police and Justice Legislation Amendment (Miscellaneous) Act 2016, No. 54/2016

Assent Date:

18.10.16

Commencement Date:

Ss 34–36 on 19.10.16: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing (Community Correction Order) and Other Acts Amendment Act 2016, No. 65/2016

Assent Date:

15.11.16

Commencement Date:

Ss 3–17 on 20.3.17: Special Gazette (No. 17) 31.1.17 p. 1; s. 23 on 1.7.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016, No. 76/2016

Assent Date:

13.12.16

Commencement Date:

Ss 9, 10 on 6.6.17: s. 2(3)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017

Assent Date:

14.6.17

Commencement Date:

S. 43 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Bail Amendment (Stage One) Act 2017, No. 26/2017

Assent Date:

27.6.17

Commencement Date:

S. 25 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing Amendment (Sentencing Standards) Act 2017, No. 34/2017

Assent Date:

15.8.17

Commencement Date:

Ss 3–11, 43 on 29.11.17: Special Gazette (No. 406) 28.11.17 p. 1; ss 17–23, 38–42 on 1.2.18: Special Gazette (No. 28) 30.1.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:

29.8.17

Commencement Date:

S. 93 on 30.8.17: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017, No. 43/2017

Assent Date:

26.9.17

Commencement Date:

Ss 58, 64(1) on 30.11.17: Special Gazette (No. 406) 28.11.17 p.1; ss 20, 21 on 26.2.18: Special Gazette (No. 406) 28.11.17 p. 1; ss 45–47, 50, 51 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1; s. 8 on 1.6.18: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017

Assent Date:

8.11.17

Commencement Date:

S. 52 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Fines Reform Amendment Act 2017, No. 59/2017

Assent Date:

5.12.17

Commencement Date:

Ss 127–132 on 6.12.17: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017, No. 65/2017

Assent Date:

19.12.17

Commencement Date:

Ss 15–19 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Bail Amendment (Stage Two) Act 2018, No. 3/2018

Assent Date:

27.2.18

Commencement Date:

S. 29 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment (Victims) Act 2018, No. 5/2018

Assent Date:

27.2.18

Commencement Date:

Ss 34, 35 on 28.2.18: s. 2(1); ss 32, 33 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 2

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 115) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018

Assent Date:

10.4.18

Commencement Date:

S. 39 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Serious Offenders Act 2018, No. 27/2018

Assent Date:

26.6.18

Commencement Date:

Ss 351(Sch. 4 cl. 21), 364 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018

Assent Date:

7.8.18

Commencement Date:

S. 133 on 30.11.18: Special Gazette (No. 497) 23.10.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Victims and Other Legislation Amendment Act 2018, No. 42/2018

Assent Date:

11.9.18

Commencement Date:

Ss 26–28 on 29.10.18: Special Gazette (No. 480) 16.10.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date:

25.9.18

Commencement Date:

Ss 73(2), 83, 84 on 26.9.18: s. 2(2); ss 73(1), 74–82 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019

Assent Date:

13.3.19

Commencement Date:

Ss 84–88 on 14.3.19: s. 2(1); ss 7, 8, 21 on 5.6.19: Special Gazette (No. 215) 4.6.19 p. 1

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:

25.6.19

Commencement Date:

S. 269 on 26.6.19: s. 2(1)

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

This publication does not include amendments made to the Sentencing Act 1991 by the following Act/s.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019

Assent Date:

26.3.19

Commencement Date:

Ss 29–31 not yet proclaimed

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:

4.6.19

Commencement Date:

S. 221(Sch. 1 item 46) not yet proclaimed

Current State:

This information relates only to the provision/s amending the Sentencing Act 1991

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

At the date of this publication, the following provisions amending the Sentencing Act 1991 were Not in Operation:

Amending Act/s:

Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019

        29     Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence

For the notes at the foot of section 89A of the Sentencing Act 1991 substitute

"Notes

1     A person who is disqualified from obtaining a driver licence or learner permit or whose driver licence or learner permit is cancelled under this section by order of the Magistrates' Court or Children's Court may appeal to the County Court. See section 29 of the Road Safety Act 1986.

    See sections 3AD and 3AE of the Road Safety Act 1986 for circumstances in which a person is to be taken to be disqualified from obtaining a driver licence or learner permit or from driving a motor vehicle on a road in Victoria.

2     Particulars of any order made by a court under this section must be sent immediately to the Roads Corporation—see section 87Q.".

        30     Finding on cancellation of driver licence or learner permit or driver disqualification

In section 89C(1) of the Sentencing Act 1991 omit "or section 89A(1)".

        31     New section 165 inserted

After section 164 of the Sentencing Act 1991 insert

        "     165     Transitional provision—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019

On and after the commencement of section 30 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, a court must not make a finding under section 89C(1) of this Act in respect of an offence under section 89A(1), irrespective of when the offence was committed.".

——

Guardianship and Administration Act 2019, No. 13/2019

Schedule 1—Consequential amendments

        46     Sentencing Act 1991

    46.1     In section 105(1), in the definition of "applicant", in paragraph (b), for "Guardianship and Administration Act 1986" substitute "Guardianship and Administration Act 2019".

    4     Explanatory details


[1] S. 5(2AA):

Section 5 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) inserted two new guidelines into section 5 of the Sentencing Act 1991.

Section 5(2AA)(a) is declaratory of the common law position that the court must not have regard in sentencing an offender to any possibility or likelihood that the length of time actually spent in custody by the offender will be affected by executive action of any kind. Such executive action would include any action which the Adult Parole Board might take in respect of a sentence.

Section 5(2AA)(b) directs the court, when considering sentencing an offender, not to have regard to any sentencing practices which arose out of the application of section 10 of the Sentencing Act 1991.

Section 10(1) was in the following terms:

"When sentencing an offender to a term of imprisonment a court must consider whether the sentence it proposes would result in the offender spending more time in custody, only because of the abolition of remission entitlements by section 3(1) of the Corrections (Remissions) Act 1991, than he or she would have spent had he or she been sentenced before the commencement of that section for a similar offence in similar circumstances."

If section 10(1) applied, section 10(2) required the court to reduce the sentence it would otherwise have passed by one third. Section 10 of the Sentencing Act 1991 sunsetted on 22 April 1997. The sunset clause was in the following terms:

"It is intended that the expiry of this section will not of itself have any effect on sentencing practices and that after the expiry a court will, as required by section 5(2)(b), have regard to sentencing practices current immediately before then as if this section had not expired."
In R v Boucher [1995] 1 VR 110, section 10 was interpreted to apply only to offences where the maximum penalty had remained unaltered by the Sentencing Act 1991. The court took the view that Parliament had already taken into account the abolition of remissions when formulating the new penalties. This led to inconsistent and anomalous sentencing practices, which had the effect of distorting the scale of effective maximum penalties.

Section 5(2AA)(b) requires the court to disregard any sentencing practices which developed from the application of section 10 of the Sentencing Act 1991. This is intended to include the principles expressed in Boucher's case.

2 S. 5(2E): Section 29 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 reads as follows:

        29     Proceedings before Full Court

    (1)     The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.

    (2)     If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal.

[3] S. 9:

Section 9 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) inserted a new section 9 into the Sentencing Act 1991 to provide the Magistrates' Court with the power to impose an aggregate sentence of imprisonment in certain circumstances. The power to impose an aggregate sentence is founded on a proper joinder of the charges before the court. (See for example the Crimes Act 1958, Rule 2, Sixth Schedule (repealed)). A similar power is contained in section 51 of the Sentencing Act 1991 in respect of fines. The power is not limited to sentencing for summary offences, but applies to any proceedings in the Magistrates' Court, including indictable offences being tried summarily.

[4] S. 10 (expired): Section 10 was in operation from 22 April 1992 until 22 April 1997. Section 10, as in force before 22 April 1997, reads as follows:

        10     Court must take abolition of remissions into account

    (1)     When sentencing an offender to a term of imprisonment a court must consider whether the sentence it proposes would result in the offender spending more time in custody, only because of the abolition of remission entitlements by section 3(1) of the Corrections (Remissions) Act 1991, than he or she would have spent had he or she been sentenced before the commencement of that section for a similar offence in similar circumstances.

    (2)     If the court considers that the sentence it proposes would have the result referred to in subsection (1) it must reduce the proposed sentence in accordance with subsection (3).

    (3)     In applying this section a court—

        (a)     must assume that an offender sentenced before the commencement of section 3(1) of the Corrections (Remissions) Act 1991 would have been entitled to maximum remission entitlements; and

        (b)     must not reduce a sentence by more than is necessary to ensure that the actual time spent in custody by an offender sentenced after that commencement is not greater, only because of the abolition of remissions, that it would have been if the offender had been sentenced before that commencement for a similar offence in similar circumstances.

    (4)     For the purposes of this section—

        (a)     remission entitlements are entitlements to remission under section 60 of the Corrections Act 1986 or regulation 97 of the Corrections Regulations 1988; and

        (b)     "term of imprisonment" includes—

              (i)     a term that is suspended wholly or partly; and

              (ii)     any non-parole period fixed in respect of the term.

S. 10(4A) inserted by No. 41/1993 s. 6.

    (4A)     This section does not apply to the Supreme Court or the County Court when sentencing a serious sexual offender for a sexual offence or a violent offence or a serious violent offender for a serious violent offence.

    (5)     This section expires on the fifth anniversary of the day on which it comes into operation.

    (6)     It is intended that the expiry of this section will not of itself have any effect on sentencing practices and that after the expiry a court will, as required by section 5(2)(b), have regard to sentencing practices current immediately before then as if this section had not expired.

[5] S. 16:

Sections 16 and 17 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) concerned Youth Training Centre orders and Youth Residential Centre orders. These sections amended various sections of the Sentencing Act 1991 to insert consistent terminology, for example, the use of "young offender" throughout the Act. The amendments also clarified that, in sentencing a young offender, the Supreme and County courts may impose up to a maximum of 3 years detention. Section 32 has also been amended to enable the court to order detention in a Youth Residential Centre in respect of young offenders who at the time of being sentenced are under 15 years of age.

The amendments clarified that the provisions of the Sentencing Act 1991 are paramount when courts other than the Children's Court are sentencing a young offender, who is defined in section 3 as being an offender who at the time of being sentenced is under the age of 21 years. For an example of the difficulties which the courts have had in interpreting the interrelationship of the provisions of the Children and Young Persons Act 1989 (repealed) and the Sentencing Act 1991 when sentencing children, see the case of R v Hill [1996] 2 VR 496.

[6] S. 16(1A)(d):

Section 10 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) amended section 16 of the Principal Act to deal with the sentencing of offenders who commit offences while on parole or bail.

New section 16(3B) of the Sentencing Act 1991 requires a sentence of imprisonment imposed on an offender for an offence committed while on parole to be served cumulatively on any period of imprisonment which that offender may be required to serve in custody on cancellation of the parole order, unless otherwise directed by the court because of the existence of exceptional circumstances.

In R v Kuru (1995) 78 A Crim R 447 the Victorian Court of Appeal held that an offender is not to be regarded as actually serving a sentence when released on parole. Accordingly, there was no sentence in existence upon which another sentence could be ordered to be served cumulatively. Under the new subsection, the court will be required to order cumulation of the sentence unless there are exceptional circumstances.

[7] S. 16(1A)(e): The amendment proposed by section 17(1) of the Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017, No. 65/2017 (repealed) is not included in this publication because the word "offence." does not appear in section 16(1A)(e). Section 17(1) reads as follows:

        17     Sentences—whether concurrent or cumulative

    (1)     In section 16(1A)(e) of the Sentencing Act 1991, for "offence." substitute "offence; or".

[8] S. 16(1A)(e): See note 6.

[9] S. 16(3B): See note 6.

[10] S. 16(3C): See note 6.

[11] S. 17: See note 5.

[12] S. 18:

Section 11 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) amended section 18 of the Sentencing Act 1991 by extending the circumstances in which a declaration pursuant to section 18(1) may be made. Section 18 of the Sentencing Act 1991 provides a mechanism for recognising the period of time an offender has been held in custody prior to sentence, as well as for treating such terms as a period of imprisonment already served under the sentence. The aim of the amendments was to enable section 18 declarations to be made in as many cases as possible. It is no longer necessary for the time held in custody to be exclusively referable to the offence for which the offender is being sentenced before a declaration pursuant to section 18(1) of the Act is made. See, for example, the case of R v Renzella, unreported, Court of Appeal (Vic.) 6/9/1996.

Section 11(2)(a) clarified that such declarations cannot be made in respect of intensive correction orders.

Section 11(2)(b) inserted a new subsection (d) into section 18 to clarify that the offender should not receive a benefit for pre-sentence detention more than once for any specific period of pre-sentence custody.

Section 11(3) amended section 18(4) of the Act to remove the inconsistent requirement referred to in R v McGrath, unreported, Court of Criminal Appeal (Vic.) 15/9/1992. When a court imposes a sentence of imprisonment, in circumstances in which section 18(1) of the Act applies, it must make a declaration concerning whether any period of time is to be reckoned as a period of imprisonment served as part of the sentence imposed. When a sentence of imprisonment is imposed it is not normally reduced by the amount of pre-sentence imprisonment. Therefore any period of pre-sentence imprisonment which should be reckoned as part of that sentence which has been served, should be declared as served.

Corresponding amendments have been made to the provisions governing sentences of detention imposed on young offenders in section 35 of the Sentencing Act 1991.

[13] S. 18O: See note 2.

[14] S. 32: See note 5.

[15] S. 33: See note 5.

[16] S. 34: See note 5.

[17] S. 35: See note 5.

[18] S. 35: See note 12.

[19] S. 114: The following Table sets out the alterations in the maximum penalties for offences under the Crimes Act 1958, No. 6231/1958. The alterations were made by section 60 (Schedule 1) of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) and came into operation on 1 September 1997:

TABLE INDICATING THE PREVIOUSLY PRESCRIBED MAXIMUM PENALTY FOR AN OFFENCE AND THE NEW PRESCRIBED MAXIMUM PENALTY FOR AN OFFENCE




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 3 Murder (common law)

Level 1 imprisonment (Life)

Level 1 imprisonment (Life)

Section 3A Murder (Crimes Act)

Level 1 imprisonment (Life)

Level 1 imprisonment (Life)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 5 Manslaughter

Level 3 imprisonment (15 years)

Level 3 imprisonment (20 years)

Section 6 Infanticide

Level 7 imprisonment (5 years)

Level 6 imprisonment
(5 years)

Section 6B(1A) Suicide pact manslaughter

Section 6B(2) Inciting, aids or abets suicide

Section 6B(2) Being party to a suicide pact

Level 6 imprisonment (7½ years)

Level 7 imprisonment (5 years)

Level 8 imprisonment (3 years)

Level 5 imprisonment (10 years)

Level 6 imprisonment
(5 years)

Level 6 imprisonment
(5 years)

Section 9A(1) Treason


Section 9A(2) Knowingly receiving or assisting a person guilty of treason

Level 1 imprisonment (Life)

Level 3 imprisonment (15 years)

Level 1 imprisonment (Life)

Level 3 imprisonment (20 years)

Section 10 Child destruction

Level 5 imprisonment (10 years)

Level 4 imprisonment (15 years)

Section 16 Causing serious injury intentionally

Level 4 imprisonment (12½ years)

Level 3 imprisonment (20 years)

Section 17 Causing serious injury recklessly

Level 5 imprisonment (10 years)

Level 4 imprisonment (15 years)

Section 18 Causing injury intentionally

Section 18 Causing injury recklessly

Level 6 imprisonment (7½ years)

Level 7 imprisonment (5 years)

Level 5 imprisonment (10 years)

Level 6 imprisonment
(5 years)

Section 19(1) Administering a substance to another

Level 7 imprisonment (5 years)

Level 6 imprisonment
(5 years)

Section 19A Intentionally causing a very serious disease

25 years imprisonment

Level 2 imprisonment (25 years)

Section 20 Threats to kill

Level 7 imprisonment (5 years)

Level 5 imprisonment (10 years)

Section 21 Threats to inflict serious injury

Level 8 imprisonment (3 years)

Level 6 imprisonment (5 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 21A Stalking

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 22 Conduct endangering life

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 23 Conduct endangering persons

Level 6 imprisonment (7½ years)

Level 6 imprisonment
(5 years)

Section 24 Negligently causing serious injury

Level 7 imprisonment (5 years)

Level 6 imprisonment
(5 years)

Section 25 Setting traps to kill

Level 4 imprisonment (12½ years)

Level 4 imprisonment (15 years)

Section 26 Setting traps to cause serious injury

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 27 Extortion with threat to kill

Level 6 imprisonment (7½ years)

Level 4 imprisonment (15 years)

Section 28 Extortion with threat to destroy property

Level 7 imprisonment (5 years)

Level 5 imprisonment (10 years)

Section 29 Using firearm to resist arrest

Level 5 imprisonment or Level 5 fine
(10 years or 1200 Penalty Units)

Level 5 imprisonment (10 years) or Level 5 fine (1200 penalty units)

Section 30 Threatening injury to prevent arrest

Level 7 imprisonment (5 years)

Level 6 imprisonment
(5 years)

Section 31 Assaults

Level 8 imprisonment (3 years)

Level 6 imprisonment
(5 years)

Section 32 Performing female genital mutilation

Level 4 imprisonment (12½ years)

Level 4 imprisonment (15 years)

Section 33 Taking a person from the State to perform female genital mutilation

Level 4 imprisonment (12½ years)

Level 4 imprisonment (15 years

Section 38 Rape

25 years imprisonment

Level 2 imprisonment (25 years)

Section 39 Indecent assault

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 40 Assault with intent to rape

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 44 Incest
Subsection (1) with a child etc.

Subsection (2) with an under 18 child etc. of de facto spouse


Level 2 imprisonment (20 years)

Level 2 imprisonment (20 years)


Level 2 imprisonment (25 years)

Level 2 imprisonment (25 years)

Subsection (3) with father or mother etc. where offender is 18 or older

Subsection (4) with sister or brother etc.

Level 6 imprisonment (7½ years)

Level 6 imprisonment (7½ years)

Level 6 imprisonment (5 years)

Level 6 imprisonment (5 years)

Section 45 Sexual penetration of child under 10

Level 2 imprisonment (20 years)

Level 2 imprisonment (25 years)

Section 46 Sexual penetration of child
10–16

Subsection (1)(a) under care, supervision or authority

Subsection (1)(b) any other case



Level 3 imprisonment (15 years)

Level 5 imprisonment (10 years)



Level 4 imprisonment (15 years)

Level 5 imprisonment (10 years)

Section 47 Indecent act with child under 16

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 47A Sexual relationship with child under 16

Maximum penalty for the relevant offence

Level 2 imprisonment (25 years)

Section 48 Sexual penetration of a 16 or 17 year old child (under care, supervision or authority)

Level 8 imprisonment (3 years)

Level 5 imprisonment (10 years)

Section 49 Indecent act with 16 year old child

Level 8 imprisonment (3 years)

Level 6 imprisonment
(5 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 49A Facilitating sexual offences against children

Level 2 imprisonment (20 years)

Level 3 imprisonment (20 years)

Section 51
Subsection (1) Sexual penetration of person with impaired mental functioning by medical or therapeutic service provider

Subsection (2) Indecent act with person with impaired mental functioning by medical or therapeutic service provider


Level 7 imprisonment (5 years)



Level 8 imprisonment (3 years)


Level 5 imprisonment (10 years)



Level 6 imprisonment
(5 years)

Section 52
Subsection (1) Sexual penetration by worker of resident in residential facilities

Subsection (2) Indecent act by worker of resident in residential facilities


Level 7 imprisonment (5 years)

Level 8 imprisonment (3 years)


Level 5 imprisonment (10 years)

Level 6 imprisonment
(5 years)

Section 53 Administering drug for sexual penetration

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 54 Occupier, etc. inducing or knowingly allowing unlawful sexual penetration

(a) where child is aged
under 13

(b) where child is aged
between 13–17





Level 5 imprisonment (10 years)

Level 7 imprisonment (5 years)





Level 4 imprisonment (15 years)

Level 5 imprisonment (10 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 55 Abduction or detention for sexual penetration

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 56 Abduction of child under 16 for sexual penetration

Level 6 imprisonment
(7½ years)

Level 6 imprisonment
(5 years)

Section 57
Subsection (1) Procuring sexual penetration by threats or intimidation

Subsection (2) Procuring sexual penetration by fraud


Level 6 imprisonment (7½ years)

Level 7 imprisonment (5 years)


Level 5 imprisonment (10 years)

Level 6 imprisonment (5 years)

Section 58 Procuring sexual penetration of child under 16

Level 7 imprisonment (5 years)

Level 6 imprisonment
(5 years)

Section 59 Bestiality

Level 7 imprisonment (5 years)

Level 6 imprisonment
(5 years)

Section 60 Soliciting acts of sexual penetration or indecent acts

Level 10 imprisonment or Level 10 fine (1 year or 120 Penalty Units)

Level 8 imprisonment (1 year) or Level 11 fine (60 Penalty Units)

Section 60A Sexual offence while armed with an offensive weapon

Level 8 imprisonment (3 years)

Level 7 imprisonment (2 years)

60B Loitering near schools etc.

Level 10 imprisonment or Level 11 fine (1 year or 60 Penalty Units)

Level 8 imprisonment (1 year)

Section 63
Subsection (1) Child stealing


Level 6 imprisonment (7½ years)


Level 6 imprisonment (5 years)

Subsection (2) Takes, decoys or entices away a child

Level 7 imprisonment (5 years)

Level 6 imprisonment (5 years)

Section 63A Kidnapping

Level 2 imprisonment (20 years)

Level 2 imprisonment (25 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 64 Bigamy

Level 7 imprisonment (5 years)

Level 6 imprisonment (5 years)

Section 65 Abortion (attempt to procure)

Level 6 imprisonment (7½ years)

Level 5 imprisonment (10 years)

Section 66 Supplying or procuring anything to be employed in abortion

Level 8 imprisonment (3 years)

Level 6 imprisonment (5 years)

Section 67 Concealing birth of a child

Level 11 imprisonment
(6 months)

6 months

Section 68 Production of child pornography

Level 9 imprisonment (2 years)

Level 5 imprisonment (10 years)

Section 69 Procuring of minor for child pornography

Level 7 imprisonment (5 years)

Level 5 imprisonment (10 years)

Section 70 Possession of child pornography

Level 10 imprisonment (1 year)

Level 7 imprisonment (2 years)

Section 70A Piracy with violence

Level 3 imprisonment (15 years)

Level 3 imprisonment (20 years)

Section 70B Piratical acts

Level 1 imprisonment (Life)

Level 3 imprisonment (20 years)

Section 70C Trading etc. with pirates

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 70D Being found on board piratical vessel and unable to prove non-complicity

Level 11 imprisonment
(6 months)

Level 6 imprisonment (5 years)

Section 74 Theft

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 75 Robbery

Level 4 imprisonment (12½ years)

Level 4 imprisonment (15 years)

Section 75A Armed robbery

Level 2 imprisonment (20 years)

Level 2 imprisonment (25 years)

Section 76 Burglary

Level 4 imprisonment (12½ years)

Level 5 imprisonment (10 years)

Section 77 Aggravated burglary

Level 3 imprisonment (15 years)

Level 2 imprisonment (25 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 78 Removal of articles from places open to the public

Level 7 imprisonment (5 years)

Level 6 imprisonment (5 years)

Section 80(1) Unlawfully taking control of an aircraft

Subsection (2) where force or violence etc. is used

Level 4 imprisonment (12½ years)

Level 3 imprisonment (15 years)

Level 4 imprisonment (15 years)

Level 3 imprisonment (20 years)

Section 81 Obtaining property by deception

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 82 Obtaining financial advantage by deception

Level 5 imprisonment (10 years)

Level 5 imprisonment (10 years)

Section 83 False accounting

Level 6 imprisonment (7½ years)

Level 5 imprisonment (10 years)

Section 83A Falsification of documents
Subsection (1)–(5B)

Subsection (5C)




Level 6 imprisonment (7½ years)

Level 9 imprisonment (2 years)




Level 5 imprisonment (10 years)

Level 6 imprisonment (5 years)

Section 85 False statements by company directors etc.

Level 6 imprisonment (7½ years)

Level 5 imprisonment (10 years)

Section 86 Suppression etc. of documents

Level 6 imprisonment (7½ years)

Level 5 imprisonment
(10 years)

Section 87 Blackmail

Level 4 imprisonment (12½ years)

Level 4 imprisonment (15 years)

Section 88 Handling stolen goods

Level 5 imprisonment (10 years)

Level 4 imprisonment (15 years)

Section 89 Advertising rewards for return of goods stolen or lost

Level 13 fine
(5 Penalty Units)

Level 13 fine

(5 Penalty Units)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 91 Going equipped for stealing etc.

Level 8 imprisonment (3 years)

Level 7 imprisonment
(2 years)

Section 176 Receipt or solicitation of secret commission by an agent
•     corporation

•     person




Level 5 fine
(1200 Penalty Units)

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)




Level 5 fine
(1200 Penalty Units)

Level 5 imprisonment (10 years) and/or
Level 5 fine (1200 Penalty Units)

Section 178 Giving or receiving false or misleading receipt or account
•     corporation

•     person





Level 5 fine
(1200 Penalty Units)

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)





Level 5 fine (1200 Penalty Units)

Level 5 imprisonment (10 years) and/or
Level 5 fine
(1200 Penalty Units)

Section 179 Gift or receipt of secret commission in return for advice given
•     corporation

•     person





Level 5 fine
(1200 Penalty Units)

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)





Level 5 fine (1200 Penalty Units)

Level 5 imprisonment (10 years) and/or
Level 5 fine
(1200 Penalty Units)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 180 Secret commission to trustee in return for substituted appointment

              •     corporation

              •     other person




Level 5 fine
(1200 Penalty Units)

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)




corporation; level 5 fine (1200 Penalty Units)

person;
Level 5 imprisonment (10 years) and/or
level 5 fine
(1200 Penalty Units)

Section 181 Aiding and abetting offences within or outside Victoria

              •     corporation

              •     other person




Level 5 fine
(1200 Penalty Units)

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)




Level 5 fine (1200 Penalty Units)

Level 5 imprisonment (10 years) and/or
Level 5 fine
(1200 Penalty Units)

Section 182 Liability of directors etc. acting without authority

              •     corporation

              •     other person



Level 5 fine
(1200 Penalty Units)

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)



Level 5 fine (1200 Penalty Units)

Level 5 imprisonment (10 years) and/or
level 5 fine (1200 Penalty Units)

Section 191(1) Fraudulently inducing persons to invest money

Level 5 imprisonment (10 years)

Level 4 imprisonment (15 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 197 Destroying or damaging property
Subsection (1) damaging property

Subsection (2) damaging property intending to endanger another's life

Subsection (3) damaging property for gain

Subsection (7) Arson




Level 6 imprisonment (7½ years)

Level 4 imprisonment
(12½ years)

Level 5 imprisonment (10 years)

Level 4 imprisonment (12½ years)




Level 5 imprisonment (10 years)

Level 4 imprisonment (15 years)

Level 5 imprisonment (10 years)

Level 4 imprisonment (15 years)

Section 197A Arson causing death

not applicable

Level 2 imprisonment (25 years)

Section 198 Threats to destroy or damage property

Level 7 imprisonment (5 years)

Level 6 imprisonment (5 years)

Section 199 Possessing anything with intent to destroy or damage property

Level 8 imprisonment (3 years)

Level 6 imprisonment (5 years)

Section 206 Rioters demolishing buildings
Subsection (1)

Subsection (2)



Level 6 imprisonment (7½ years)

Level 7 imprisonment (5 years)



Level 4 imprisonment (15 years)

Level 6 imprisonment (5 years)

Section 207 Forcible entry

Level 10 imprisonment and/or Level 10 fine
(1 year and/or 120 Penalty Units)

Level 8 imprisonment (1 year)

Section 225 Conveying water into a mine

Level 6 imprisonment (7½ years)

Level 6 imprisonment (5 years)

Section 228 Removing etc. piles of sea banks

Level 6 imprisonment (7½ years)

Level 6 imprisonment (5 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 232 Placing things on railways to obstruct or overturn engine etc.

Level 6 imprisonment (7½ years)

Level 5 imprisonment (10 years)

Section 233 Obstructing engine, carriage etc. on railway

Level 9 imprisonment (2 years)

Level 7 imprisonment 2 years

Section 244 Altering signals or exhibiting false ones

Level 6 imprisonment (7½ years)

Level 5 imprisonment (10 years)

Section 245 Removing buoy etc.

Level 8 imprisonment (3 years)

Level 6 imprisonment (5 years)

Section 246A Endangering safe operation of an aircraft

Level 5 imprisonment (10 years)

Level 4 imprisonment (15 years)

Section 246B Setting fire etc. to aircraft

Level 6 imprisonment (7½ years)

Level 4 imprisonment (15 years)

Section 246C Endangering safety of aircraft

Level 7 imprisonment (5 years)

Level 5 imprisonment (10 years)

Section 246D(1) Dangerous goods on aircraft

Level 7 imprisonment (5 years)

Level 6 imprisonment (5 years)

Section 246E Threats to safety of aircraft

Level 7 imprisonment (5 years)

Level 6 imprisonment (5 years)

Section 247 False statements

Level 9 imprisonment (2 years)

Level 6 imprisonment (5 years)

Section 248 subsections (1)–(3) Contamination of goods

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)

Level 5 imprisonment (10 years)

Section 314 Perjury

Level 4 imprisonment (12½ years)

Level 4 imprisonment (15 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 316(1) Unlawful oaths to commit treason, murder etc.

Section 316(2) Unlawful oaths for other offences

Level 7 imprisonment (5 years)

Level 8 imprisonment (3 years)

Level 5 imprisonment (10 years)

Level 6 imprisonment (5 years)

Section 317 Offences connected with explosive substances
Subsection (2)

Subsection (3)

Subsection (4)




Level 4 imprisonment (12½ years)

Level 5 imprisonment (10 years)

Level 7 imprisonment (5 years)




Level 4 imprisonment (15 years)

Level 5 imprisonment (10 years)

Level 6 imprisonment (5 years)

Section 317A Bomb hoaxes

Level 7 imprisonment and/or Level 7 fine
(5 years and/or 600 Penalty Units)

Level 6 imprisonment (5 years)

Section 318 Culpable driving causing death

Level 3 imprisonment and/or Level 3 fine
(15 years and/or 1800 Penalty Units)

Level 3 imprisonment (20 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 321C Penalties for conspiracy;
Subsection (1)(a) to commit an offence with a prescribed maximum

Subsection (1)(b) to commit an offence where the penalty is imprisonment for a term the maximum length of which is not prescribed

Subsection (1)(ba) to commit murder or treason or piratical acts

Subsection (1)(d) to commit a summary offence



Liable to the maximum prescribed for the substantive offence

Level 5 imprisonment (10 years)



Level 1 imprisonment (Life)

Level 8 imprisonment (3 years)



Liable to the maximum prescribed for the substantive offence

Level 4 imprisonment (15 years) (for common law offences)


Level 1 imprisonment (Life)

Level 6 imprisonment (5 years)

Subsection (2) to commit an offence against a law in force only in a place outside Victoria—

(a) punishable by a
term of
imprisonment


(b) in any other case





Level 7 imprisonment (5 years)



Level 7 fine
(600 Penalty Units)





Liable to the maximum prescribed as if the conspiracy was to commit an offence against the laws of Victoria

Level 7 fine
(600 Penalty Units)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 321I Penalties for incitement

Subsection (1)(a) to commit an offence with a prescribed maximum

Subsection (1)(b) to commit an offence where the penalty is imprisonment for a term the maximum length of which is not prescribed

Subsection (1)(ba) to commit murder or treason or piratical acts

Subsection (1)(d) to commit a summary offence


Liable to the maximum prescribed for the offence

Level 7 imprisonment (5 years)



Level 1 imprisonment (Life)

Level 8 imprisonment (3 years)


Liable to the maximum prescribed for the substantive offence

Level 4 imprisonment (15 years)



Life

Level 6 imprisonment (5 years)

Subsection (2) to commit an offence against a law in force only in a place outside Victoria—

(a) punishable by a
term of
imprisonment


(b) in any other case





Level 7 imprisonment (5 years)



Level 7 fine
(600 Penalty Units)





Liable to the maximum prescribed as if the incitement was to commit an offence against the laws of Victoria

Level 7 fine
(600 Penalty Units)

Section 321P Penalties for attempt


See item 94 of
Schedule 1




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 325
Subsection (4)(a) where the principal offence is punishable by Level 1 imprisonment

Subsection (4)(b) in any other case


Level 2 imprisonment (20 years)

imprisonment for a term not more than 60 months nor more than ½ the length of the longest term which may be imposed on first conviction for the principal offence


Level 3 imprisonment (20 years)

imprisonment for a term not more than 60 months nor more than ½ the length of the longest term which may be imposed on first conviction for the principal offence

Section 326 Concealing offences for benefit

Level 10 imprisonment (1 year)

Level 8 imprisonment (1 year)

Section 343 Obstruction

Level 11 fine

Level 11 fine

Section 357(3) Failing or refusing to comply with a warrant to discharge a person from imprisonment

5 Penalty Units

5 Penalty Units

Section 415(1A) Issue of warrant when witness does not appear

Level 13 fine
(5 Penalty Units)

Level 13 fine
(5 Penalty Units)

Section 443A Failing to comply with an undertaking to the Director of Public Prosecutions

Level 12 fine (10 penalty units)

Level 12 fine (10 penalty units)

Section 456AA Requirement to give name and address

Level 13 fine
(5 penalty units)

Level 13 fine
(5 penalty units)

Section 456E Offence by an employee or member of a law enforcement agency

Level 10 fine
(1200 penalty units)

Level 10 fine
(1200 penalty units)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY



NEW PRESCRIBED MAXIMUM PENALTY

Section 464O Destruction of records

Level 12 fine
(10 penalty units)

Level 12 fine
(10 penalty units)

Section 464ZG Destruction of identifying information

Level 10 imprisonment or Level 10 fine

Level 10 imprisonment or Level 10 fine

Section 479A Rescuing of a prisoner from lawful custody

Level 5 imprisonment (10 years)

Level 5 imprisonment
(10 years)

Section 479B Aiding a prisoner in escaping

Level 7 imprisonment (5 years)

Level 6 imprisonment
(5 years)

Section 479C Escape and related offences

Level 7 imprisonment (5 years)

Level 6 imprisonment
(5 years)

Maximum penalties introduced for common law offences for which no statutory maximum penalty had previously been fixed


OFFENCE

PRESCRIBED MAXIMUM PENALTY

Affray

Level 6 imprisonment (5 years)

Attempting to pervert the course of justice

Level 2 imprisonment (25 years)

Breach of Prison

Level 6 imprisonment (5 years)

Bribery of Public official

Level 5 imprisonment (10 years)

Common assault

Level 6 imprisonment (5 years)

Conspiracy to cheat and defraud

Level 4 imprisonment (15 years)

Conspiracy to defraud

Level 4 imprisonment (15 years)

Criminal defamation

Level 5 imprisonment (10 years)

Embracery

Level 4 imprisonment (15 years)

False imprisonment

Level 5 imprisonment (10 years)

Kidnapping

Level 2 imprisonment (25 years)

Misconduct in public office

Level 5 imprisonment (10 years)

Perverting the course of justice

Level 2 imprisonment (25 years)

Public Nuisance

Level 6 imprisonment (5 years)

Riot

Level 5 imprisonment (10 years)

Rout

Level 6 imprisonment (5 years)

Unlawful assembly

Level 6 imprisonment (5 years)

Amendments to the maximum penalties of other Acts




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY


NEW PRESCRIBED MAXIMUM PENALTY

Crimes (Confiscation of Profits) Act 1986



Section 41Q Money laundering

10 years imprisonment

Level 3 imprisonment
(20 years)

Drugs, Poisons and Controlled Substances Act 1981



Section 71 Trafficking in a drug of dependence—

(a) commercial
quantity




25 years imprisonment and not more than 2500 penalty units




Level 2 imprisonment (25 years) and not more than 2500 penalty units

(b) any other case

15 years imprisonment and/or 1000 penalty units

Level 4 imprisonment (15 years) and/or 1000 penalty units

Section 72 Cultivation of a narcotic plant—

(a) not for any
purpose related to
trafficking)

(b) any other case



1 year imprisonment and/or 20 penalty units

15 years imprisonment and/or 1000 penalty units



Level 8 imprisonment (1 year) and/or
20 penalty units

Level 4 imprisonment (15 years) and/or 1000 penalty units

Section 73 Possession of a drug of dependence—

(a) small quantity

(b) not for a purpose
related to
trafficking

(c) any other case



5 penalty units

1 year imprisonment and/or 30 penalty units

5 years imprisonment and/or 400 penalty units



5 penalty units

Level 8 imprisonment (1 year) and/or
30 penalty units

Level 6 imprisonment (5 years) and/or
400 penalty units




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY


NEW PRESCRIBED MAXIMUM PENALTY

Section 78 Conspiring

same penalty and punishment as if the offender committed the offence

same penalty and punishment as if the offender committed the offence

Legal Practice Act 1996



Section 188 Solicitor defalcation

10 years imprisonment

Level 4 imprisonment (15 years)

Section 263 Improperly destroying property

3 years imprisonment

Level 6 imprisonment (5 years)

Prisoners (Interstate Transfer) Act 1983



Section 33(1) Escape from custody

7 years imprisonment

Level 6 imprisonment (5 years)

Prostitution Control Act 1994



Section 5 Causing or inducing child to take part in prostitution

7 years imprisonment

Level 5 imprisonment (10 years)

Section 6 Obtaining payment for sexual services provided by a child

7 years imprisonment

Level 4 imprisonment (15 years)

Section 7 Agreement for provision of sexual services by a child

7 years imprisonment

Level 4 imprisonment (15 years)

Section 8 Forcing person into or to remain in prostitution

7 years imprisonment

Level 5 imprisonment (10 years)

Section 9 Forcing person to provide financial support out of prostitution

7 years imprisonment

Level 5 imprisonment (10 years)

Section 10 Living on earnings of prostitute

4 years imprisonment

Level 6 imprisonment (5 years)




OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY


NEW PRESCRIBED MAXIMUM PENALTY

Section 11 Allowing child to take part in prostitution

4 years imprisonment

Level 5 imprisonment (10 years)

Section 22(1) and (3) Prostitution service providers to be licensed

3 years imprisonment and/or 360 penalty units

Level 6 imprisonment (5 years) and/or 360 penalty units

[20] Table of Amendments: The amendment proposed by section 10A of the Sentencing Amendment (Emergency Workers) Act 2014, No. 69/2014 (as amended by Nos 72/2014, 79/2014) (repealed) is not included in this publication, as section 10A never commenced. Commencement of section 10A was contingent upon legislation that was not enacted: see section 2(1) of No. 69/2014 (as amended by No. 79/2014 section 66).



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