Victorian Current Acts Victorian Current ActsSchedule 4—Justice Legislation Amendment Act 2013—validation
1 Definitions
In this Schedule—
"adjournment order" means an adjournment order made under section 72 or 75;
"commencement day" means the day on which the Justice Legislation Amendment Act 2013 receives the Royal Assent;
"community-based order" means a community‑based order within the meaning of this Act as in force before the repeal day;
"donation condition" means a condition requiring an offender to pay an amount to an organisation that provides a charitable or community service or to the court for payment to such an organisation;
"relevant order" means—
(a) an adjournment order; or
(b) a community-based order;
repeal day means the date of commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011 .
2 Validation of adjournment orders
(1) An adjournment order under section 72 or 75 made or purported to be made before the commencement day that required an offender to give an undertaking with a donation condition attached has, and is taken always to have had, the same force and effect as it would have had if sections 8 and 9 of the Justice Legislation Amendment Act 2013 had been in operation when the order was made or purported to be made.
(2) Any act or thing done or omitted to be done, whether under a power conferred by an enactment or otherwise, before or after the commencement day in reliance on or in relation to—
(a) an adjournment order that is validated by subclause (1); or
(b) a contravention or alleged contravention of an adjournment order that is validated by subclause (1)—
including any penalty imposed, has the same effect, and gives rise to the same consequences, and is to be regarded as always having had the same effect and having given rise to the same consequences as if sections 8 and 9 of the Justice Legislation Amendment Act 2013 had been in operation when the adjournment order was made or purported to be made.
(3) A right or liability conferred or imposed in relation to, or affected by—
(a) an adjournment order that is validated by subclause (1); or
(b) a contravention or alleged contravention of an adjournment order that is validated by subclause (1)—
including any penalty imposed, is exercisable or enforceable, and is to be regarded as always having been exercisable or enforceable as if sections 8 and 9 of the Justice Legislation Amendment Act 2013 had been in operation when the adjournment order was made or purported to be made.
3 Validation of community-based orders
(1) A community-based order made or purported to be made before the repeal day that had a donation condition attached has, and is taken always to have had, the same force and effect as it would have had if—
(a) section 8 of the Justice Legislation Amendment Act 2013 had been in operation when the order was made or purported to be made; and
(b) section 38 (as in force before the repeal day) had included the following provision at the time the order was made or purported to be made—
"(2A) A condition attached under subsection (1)(g) may include a condition requiring the offender to make a payment to an organisation that provides charitable or community service or to the court for payment to such an organisation.".
(2) Any act or thing done or omitted to be done, whether under a power conferred by an enactment or otherwise, before or after the repeal day in reliance on or in relation to—
(a) a community-based order that is validated by subclause (1); or
(b) a contravention or alleged contravention of a community-based order that is validated by subclause (1)—
including any penalty imposed, has the same effect, and gives rise to the same consequences, and is to be regarded as always having had the same effect and having given rise to the same consequences as if section 8 of the Justice Legislation Amendment Act 2013 and the purported section 38(2A) referred to in subclause (1)(b) had been in operation when the community-based order was made or purported to be made.
(3) A right or liability conferred or imposed in relation to, or affected by—
(a) a community-based order that is validated by subclause (1); or
(b) a contravention or alleged contravention of a community-based order that is validated by subclause (1)—
including any penalty imposed, is exercisable or enforceable, and is to be regarded as always having been exercisable or enforceable as if section 8 of the Justice Legislation Amendment Act 2013 and the purported section 38(2A) referred to in subclause (1)(b) had been in operation when the community-based order was made or purported to be made.
4 Additional provisions relating to rights of appeal
(1) Without limiting clause 2(3) or 3(3), the rights and liabilities conferred or imposed in relation to a relevant order include rights of appeal.
(2) This Schedule does not affect the right of any person to appeal against a sentence that includes a relevant order on any other ground.
5 Rights in specific proceedings not affected
This Schedule does not affect the rights of the parties in the proceedings known as Brittain v Mansour [2013] VSC 50 in the Supreme Court of Victoria.
═══════════════