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SENTENCING ACT 1991 - SECT 83D

Definitions

    (1)     In this Part—

"administrators" means the person or persons responsible for the administration of a relevant superannuation scheme;

S. 83D(1) def. of authorised person amended by No. 68/2009 s. 97(Sch. item 110.60).

"authorised person" means—

        (a)     the Director of Public Prosecutions; or

        (b)     if the relevant offence is an indictable offence heard and determined summarily, the Chief Commissioner of Police;

"dependant", in relation to an offender, means—

        (a)     a child of the offender; or

        (b)     any other person who in the opinion of the court is dependent on the offender or has a legal right to look to the offender for financial support;

S. 83D(1) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch. 1 item 56.1).

"domestic partner "of an offender means—

        (a)     a person who is in a registered relationship with the offender; or

        (b)     a person to whom the offender is not married but with whom, in the opinion of the court, the offender is living as a couple on a genuine domestic basis (irrespective of gender);

S. 83D(1) def. of excluded public body amended by No. 24/2006 s. 6.1.2(Sch. 7 item 35(a)).

"excluded public body" means—

        (a)     a Council within the meaning of section 3(1) of the Local Government Act 1989 ;

        (b)     a university within the meaning of the Education and Training Reform Act 2006 that is a body politic and is governed by a council, some of the members of which are appointed by the Governor in Council or a Minister;

member contributions by way of salary sacrifice does not include employer contributions for which the employer is or has been liable under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, under an industrial award or agreement or under the provisions of the governing instrument of the relevant superannuation scheme and which are included in the total remuneration package of a public sector employee;

"member financed component" means the amount of the superannuation benefit or superannuation benefits financed by member contributions (including member contributions by way of salary sacrifice, child contributions, spouse contributions or Government co‑contributions) as at the relevant date as determined by the administrators of the relevant superannuation scheme after, where appropriate, obtaining advice from an actuary appointed by the administrators;

"offender" means a person who has been convicted of a relevant offence;

S. 83D(1) def. of
public body amended by No. 24/2006 s. 6.1.2(Sch. 7 item 35(b)).

"public body" means—

        (a)     a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose;

        (b)     a body whose members, or a majority of whose members, are appointed by the Governor in Council or a Minister;

        (c)     a company all the shares or a majority of the shares in which are held by the State or another public body;

        (d)     a TAFE institute within the meaning of the Education and Training Reform Act 2006 ;

        (e)     a public hospital within the meaning of the Health Services Act 1988 ;

        (f)     a State funded residential care service within the meaning of the Health Services Act 1988 ;

        (g)     a contractor, or a sub-contractor, within the meaning of Part 3A of the Health Services Act 1988 , but only in its capacity as a provider of health services to public hospital patients in accordance with an agreement under section 69B(1) of that Act—

but does not include an excluded public body;

S. 83D(1) def. of
public sector employee amended by Nos 108/2004 s. 117(1) (Sch. 3 item 181.2), 20/2005 s. 52(3), 24/2006 s. 6.1.2(Sch. 7 item 35(c)), 37/2014 s. 10(Sch. item 151.4).

"public sector employee" means a person who is, or was, at the time that he or she committed the relevant offence

        (a)     employed under Part 3 of the Public Administration Act 2004 or a person to whom a provision of that Act applied in accordance with Part 7 of that Act;

        (b)     a Ministerial officer within the meaning of section 98 of the Public Administration Act 2004 ;

        (c)     a Parliamentary adviser within the meaning of section 99 of the Public Administration Act 2004 ;

        (d)     a judicial employee within the meaning of section 101 of the Public Administration Act 2004 ;

        (e)     a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005 ;

        (f)     an electorate officer employed under Part 4 of the Parliamentary Administration Act 2005 ;

        (g)     a member of the teaching service within the meaning of the Education and Training Reform Act 2006 ;

        (h)     employed under the Education and Training Reform Act 2006 ;

              (i)     a police officer or a police recruit within the meaning of the Victoria Police Act 2013 ;

        (j)     a police reservist within the meaning of the Victoria Police Act 2013 ;

        (k)     a protective services officer appointed under section 38 of the Victoria Police Act 2013 ;

        (l)     a member of the Parliament;

        (m)     employed by a public body;

        (n)     the holder of an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister;

"relevant date" means—

        (a)     if the offender is a member of a relevant superannuation scheme as at the date on which the offender is convicted of the relevant offence, the date in relation to that relevant superannuation scheme on which the offender is convicted of the relevant offence;

        (b)     if the offender has ceased to be a member of a relevant superannuation scheme before the date on which the offender is convicted of the relevant offence, the date in relation to that relevant superannuation scheme on which the offender ceased to be a member of the relevant superannuation scheme;

"relevant interest amount" means, where the relevant date is not the same as the date of conviction for the relevant offence, the amount of interest for the period commencing on the relevant date and ending on the date of conviction on the amount calculated under paragraph (a) of the definition of residual employer financed component using the Treasury bond rate for the last working day of the previous financial year;

"relevant offence" means an indictable offence committed by a person at the time when the person was a public sector employee;

"relevant superannuation scheme" means any superannuation scheme of which an offender

        (a)     is a member at the date of the conviction for the relevant offence; or

        (b)     has been a member at any time before that date;

"residual employer financed component" means the total sum, as determined by the administrators of the relevant superannuation scheme after, where appropriate, obtaining advice from an actuary appointed by the administrators, of—

        (a)     the value of the total superannuation benefit as at the relevant date after deducting—

              (i)     the member financed component; and

              (ii)     the SG component; and

              (iii)     the amount of any adjustment to that superannuation benefit in respect of any surcharge recoverable under the governing instrument of the relevant superannuation scheme; and

              (iv)     the amount (if any) of the superannuation benefit financed by an employer and attributable to service by the member otherwise than as a public sector employee; and

        (b)     any relevant interest amount;

"SG component" means the amount determined by the administrators of a relevant superannuation scheme after, where appropriate, obtaining the advice of an actuary appointed by the administrators to be the amount that would have been the minimum employer financed amount necessary to avoid a superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth in respect of the period during which the offender was a public sector employee which falls within the period commencing on 1 July 1992 and ending on the relevant date;

"superannuation order" means an order made under section 83F;

"superannuation scheme" means a scheme one of the purposes of which is to provide superannuation benefits or pensions;

"Treasury bond rate" means the Treasury bond rate for the last working day of a financial year for bonds with a 10 year term being—

        (a)     if any Treasury bonds with that term were issued on that day, the annual yield on those Treasury bonds; or

        (b)     in any other case, the annual yield on Treasury bonds with that term as published by the Reserve Bank of Australia for that day;

value of the total superannuation benefit as at the relevant date means—

        (a)     if the offender is a member of a relevant superannuation scheme as at the date on which the offender is convicted of the relevant offence, the value of the superannuation benefit or superannuation benefits as at the date of the conviction for the relevant offence as if the offender had resigned or retired as at the date of conviction as determined by the administrators of the relevant superannuation scheme after, where appropriate, obtaining advice from an actuary appointed by the administrators;

        (b)     if the offender has ceased to be a member of a relevant superannuation scheme before the date on which the offender is convicted of the relevant offence, the value of the superannuation benefit or superannuation benefits as at the date the offender ceased to be a member of the relevant superannuation scheme as determined by the administrators of the relevant superannuation scheme after, where appropriate, obtaining advice from an actuary appointed by the administrators.

    (2)     For the purposes of the definition of public body in subsection (1), a reference to a public body specified in that definition includes a reference to a public body merged, associated or affiliated with, amalgamated into, succeeding or succeeded by that public body.

    (3)     For the purposes of the definitions of public body and "public sector employee" in subsection (1), a reference to an Act specified in those definitions includes a reference to any corresponding previous enactment and to any corresponding subsequent enactment.

S. 83D(4) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 56.2).

    (4)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 83E inserted by No. 65/2004 s. 3.



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