Victorian Current Acts

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SENTENCING ACT 1991 - SECT 149D

Additional transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013

    (1)     In this section—

2013 Act means the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 ;

"old suspended sentence order" means a suspended sentence order made under Subdivision (3) of Division 2 of Part 3 of this Act as in force before the commencement of Division 3 of Part 2 of the 2013 Act being an order in force immediately before that commencement.

    (2)     Despite the commencement of Division 3 of Part 2 of the 2013 Act, an old suspended sentence order is taken to continue in force on and from that commencement as if this Act, as in force before that commencement, continued to apply to it.

    (3)     Without limiting subsection (2), sections 29, 83AB and 83AR as in force immediately before their repeal continue to apply in relation to an old suspended sentence order despite the amendment of this Act by Division 3 of Part 2 of the 2013 Act.

    (4)     Without limiting subsection (2), sections 18 and 35 as in force immediately before their amendment continue to apply in relation to an old suspended sentence order or a suspended sentence order despite the amendment of this Act by Division 3 of Part 2 of the 2013 Act.

    (5)     The amendment of this Act by Division 3 of Part 2 of the 2013 Act does not apply if a finding of guilt is made in relation to an offence committed before the commencement of Division 3 of Part 2 of the 2013 Act, irrespective of whether that finding is made before, on or after that commencement.

    (6)     For the purposes of this section if an offence is alleged to have been committed between two dates, one before and one after the commencement of Division 3 of Part 2 of the 2013 Act, the offence is alleged to have been committed before that commencement.

S. 150 inserted by No. 56/2013 s. 37.



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