Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (MISCELLANEOUS) ACT 2013 (NO. 77 OF 2013) - SECT 47

    (1)     In clause 10(3) of Schedule 3 to the Sentencing Act 1991 omit "or (1A)" (wherever occurring).

    (2)     For clause 10(3A) of Schedule 3 to the Sentencing Act 1991 substitute —

    '(3A)     Subject to subclause (4) in respect of an offence under subclause (1A)—

        (a)     if the offence was committed before the commencement of section 50 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 —

              (i)     Divisions 1 and 2 of Part 3C apply to the offence as if any reference in Divisions 1 and 2 of that Part to an offence against section 83AD were a reference to an offence under subclause (1A); and

              (ii)     section 63A(3), as in force immediately before its repeal, applies to the offence as if in that section a reference to a "fine conversion order or a fine default unpaid community work order" were a reference to an "old community-based order (fines)"; and

        (b)     if the offence was committed on or after the commencement of section 50 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 , Divisions 1 and 2 of Part 3C apply to the offence as if any reference in Divisions 1 and 2 of that Part to an offence under section 83ADA or 83ADB were a reference to an offence under subclause (1A).'.