Victorian Numbered Acts Victorian Numbered ActsAt the end of Part 12 of the Sentencing Act 1991 insert —
(1) In this section—
2010 Act means the Sentencing Amendment Act 2010 ;
"old combined custody and treatment order" means a combined custody and treatment order within the meaning of section 3 as in force before the commencement of section 7 of the 2010 Act, being an order in force immediately before that commencement;
"old intensive correction order" means an intensive correction order within the meaning of section 3 as in force before the commencement of section 10 of the 2010 Act, being an order in force immediately before that commencement;
"old serious suspended sentence order" means an order made under Subdivision 3 of Division 2 of Part 3 as in force before the commencement of section 12 of the 2010 Act as to the suspending of a sentence of imprisonment on an offender for a serious offence, being such an order in force immediately before that commencement.
Combined custody and treatment orders
(2) Despite the commencement of section 7 of the 2010 Act, an old combined custody and treatment 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.
Intensive correction orders
(3) Despite the commencement of section 10 of the 2010 Act, an old intensive correction 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.
Application of new orders in relation to certain matters
(4) The amendment of this Act made by sections 7, 10, 13, 14, 15, 16, 21 and 25 of the 2010 Act applies in respect of an offence which is alleged to have been committed between two dates, one of which occurs before the commencement of those sections and one of which occurs after the commencement of those sections, and for that purpose the offence is taken to have been committed after the commencement of those sections.
Suspended sentences
(5) Despite the commencement of section 12 of the 2010 Act, an old serious 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.
(6) The amendment of this Act made by section 12 of the 2010 Act, does not apply where a finding of guilt is made in relation to a serious offence committed before the commencement of that section, irrespective of whether the finding of guilt is made, before, on or after that commencement.
(7) For the purposes of subsection (6), if a serious offence is alleged to have been committed between two dates, one before and one after the commencement of section 12 of the 2010 Act, the offence is taken to be alleged to have been committed before that commencement.".
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See:
Act No.
127/1986.
Reprint No. 12
as at
5 April 2010
and amending
Act Nos
19/1991, 13/2009, 93/2009, 6/2010, 13/2010, 19/2010, 29/2010, 30/2010, 45/2010
and
63/2010.
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