Victorian Numbered Acts Victorian Numbered ActsSCHEDULE
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CONSEQUENTIAL AND OTHER AMENDMENTS
1 Conservation, Forests and Lands Act 1987
1.1 In section 97(1)(b) for "community-based" substitute "community correction".
2.1 In section 3(1) insert the following definition—
""combined custody treatment order" has the same meaning as old combined custody and treatment order in clause 1 of Schedule 3 to the Sentencing Act 1991 ;".
2.2 In section 3(1) for the definition of community-based order substitute —
""community-based order" has the same meaning as old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ;".
2.3 In section 3(1) in the definition of correctional order —
(a) after paragraph (a) insert —
"(aa) a community correction order, within the meaning of the Sentencing Act 1991 ;";
(b) for paragraph (c) substitute —
"(c) an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ;".
2.4 For section 94(4) substitute —
"(4) If after completing an investigation and considering any submissions made by an offender the Regional Manager determines that the offender has committed an act of misconduct but that the act is so trivial that action should not be taken against the offender for—
(a) breach of an old community-based order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or
(b) contravention of a community correction order, within the meaning of the Sentencing Act 1991 —
the Regional Manager may caution or reprimand the offender and need take no further action.".
3 County Court Act 1958
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3.1 For section 78(1)(fc) substitute —
"(fc) delegating to the judicial registrars all or any of the powers of the court specified by the Rules in relation to proceedings prescribed under paragraph (fb), including, but not limited to, the exercise by the judicial registrars of the jurisdiction of the court other than the power—
(i) to impose a sentence of imprisonment; or
(ii) to impose a sentence of detention in a youth justice centre or youth residential centre within the meaning of the Sentencing Act 1991 ; or
(iii) to make a drug treatment order within the meaning of the Sentencing Act 1991 ; or
(iv) to make a community correction order within the meaning of the Sentencing Act 1991 ; or
(v) to make a hospital security order within the meaning of the Sentencing Act 1991 ;".
4 Criminal Procedure Act 2009
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4.1 In paragraph (e) in the definition of original jurisdiction in section 3 for "breach" substitute "contravention".
4.2 In paragraph (b) in the definition of sentence in section 3 after "3A" insert ", 3B, 3C, 3D".
4.3 In section 87(2)(a) for "Division 4 of Part 3" substitute "Division 1 of Part 3B".
4.4 In the note at the foot of section 87(2) for "community-based" substitute "community correction".
4.5 In the note at the foot of section 268(1) for "community-based" substitute "community correction".
4.6 In the note at the foot of section 322 for "community-based" substitute "community correction".
5 Evidence (Miscellaneous Provisions) Act 1958
5.1 In section 32G(1)(b) for "Division 1A of Part 6" substitute "Division 1C of Part 3".
6.1 For paragraph (c)(ii) of the definition of prohibited person in section 3(1) substitute —
"(ii) an old community-based order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or".
6.2 In section 3(1) for the definition of prohibited person after paragraph (c)(ii) insert —
"(iia) a community correction order, within the meaning of the Sentencing Act 1991 , that has a supervision condition attached under section 48E of the Sentencing Act 1991 ; or"
6.3 In section 3(1) in the definition of term of imprisonment in paragraph (b) after "community" insert "within the meaning of the Sentencing Act 1991 as in force before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011 ".
7 Juries Act 2000
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7.1 In clause 3(c) of Schedule 1 after "in the community" insert "within the meaning of the Sentencing Act 1991 as in force before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011 ".
7.2 In clause 4 of Schedule 1 for "a community-based order" substitute "an old community-based order (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 )".
7.3 After clause 4 of Schedule 1 insert —
"4A. A person in respect of whom a court in Victoria (including the Magistrates' Court), has, within the last 5 years, made a community correction order under Part 3A of the Sentencing Act 1991 , or an equivalent of a community-based sentence in another jurisdiction, but any conviction, or finding of guilt, of an offence in respect of which a free pardon has been granted must be disregarded.".
8.1 Section 16I(b)(ii) is repealed .
8.2 In section 16I(b)(v) for "the Court." substitute "the Court; or".
8.3 After section 16I(b)(v) insert —
"(vi) to make a community correction order within the meaning of the Sentencing Act 1991 ."
9 Marine Act 1988
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9.1 In the heading to section 85AW for " breach " substitute " contravention ".
9.2 In section 85AW for " Sections 78 and 79" substitute " Section 78 and Part 3C".
9.3 In section 85AW for "those sections" substitute "that section or Part".
9.4 After section 85AW(a) insert —
"(ab) a reference to section 72 or 75 were a reference to section 85AV; and"
9.5 In section 85AW(c) for " section 79(4)" substitute "section 83AC".
10 Occupational Health and Safety Act 2004
10.1 In the heading to section 138 for " breach " substitute " contravention ".
10.2 In section 138 for " Sections 78 and 79" substitute " Section 78 and Part 3C".
10.3 In section 138 for "those sections" substitute "that section or Part".
10.4 After section 138(a) insert —
"(ab) a reference to section 72 or 75 were a reference to section 137; and"
10.5 In section 138(c) for " section 79(4)" substitute "section 83AC".
11 Serious Sex Offenders (Detention and Supervision) Act 2009
11.1 In section 3, in the definition of
community-based disposition —
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(a) for paragraph (a) substitute
"(a) an old community-based order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ;";
(b) after paragraph (a) insert —
"(ab) a community correction order, within the meaning of the Sentencing Act 1991 ;";
(c) for paragraph (b) substitute —
"(b) an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ;";
(d) in paragraph (c) for "a combined custody and treatment order" substitute "an old combined custody and treatment order, (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 )".
11.2 In section 3 for the definition of custodial sentence —
(a) in paragraph (b) for "a combined custody and treatment order within the meaning of the Sentencing Act 1991 " substitute "an old combined custody and treatment order, (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 )";
(b) in paragraph (e) after " Sentencing Act 1991 " insert "(as in force before the commencement of section 18 of the Sentencing Amendment (Community Correction Reform) Act 2011 )";
(c) after paragraph (e) insert —
"(ea) an order made under section 83AR(1)(a) or (b) of the Sentencing Act 1991 ; or".
12 Sex Offenders Registration Act
2004
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12.1 In paragraph (a) in the definition of community service order in section 3, after "is attached" insert "(as in force before the commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011 )".
12.2 After paragraph (a) in the definition of community service order in section 3 insert —
"(ab) an order under Part 3A of the Sentencing Act 1991 to which one or more conditions referred to in section 48D, 48E, 48F, 48G, 48H, 48I or 48K of the Sentencing Act 1991 is attached; or".
12.3 In paragraph (a) in the definition of good behaviour bond in section 3 for "Division 5 of Part 3" substitute "Division 2 of Part 3B".
12.4 In the definition of employment in section 67(1) —
(a) for paragraph (c) substitute —
"(c) performance of work as a volunteer including the performance of unpaid community work under—
(i) a drug treatment order within the meaning of the Sentencing Act 1991 ; or
(ii) an old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or
(iii) an old intensive correction order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or
(iv) a fine conversion order within the meaning of the Sentencing Act 1991 ; or
(v) a fine default unpaid community work order within the meaning of the Sentencing Act 1991 ; or";
(b) after paragraph (c) insert
—
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"(d) performance of work as a volunteer including the performance of unpaid community work under a community correction order within the meaning of the Sentencing Act 1991 ;".
13.1 In section 34—
(a) for the definition of community-based order substitute —
""community-based order" has the same meaning as old community-based order has in clause 1 of Schedule 3 to the Sentencing Act 1991 ;";
(b) insert the following definitions—
""fine conversion order" means an order made under section 55(1)(d) of the Sentencing Act 1991 ;
"fine default unpaid community work order" means an order made under section 62(10) or section 62A of the Sentencing Act 1991 ;".
13.2 In section 39(3) in the definition of liability discharge event , in paragraph (c) for "order." substitute "order; or".
13.3 After paragraph (c) of the definition of liability discharge event , in section 39(3) insert —
"(d) a fine conversion order or fine default
unpaid community work order has been made in respect of the person.".
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13.4 In section 40(3) in the definition of liability discharge event , in paragraph (c) for "order." substitute "order; or".
13.5 After paragraph (c) of the definition of liability discharge event , in section 40(3) insert —
"(d) a fine conversion order or fine default unpaid community work order has been made in respect of the person.".
14 Transport (Compliance and Miscellaneous) Act 1983
14.1 In the heading to section 230F for " breach " substitute " contravention ".
14.2 In section 230F for " Sections 78 and 79" substitute " Section 78 and Part 3C".
14.3 In section 230F for "those sections" substitute "that section or Part".
14.4 After section 230F(a) insert —
"(ab) a reference to section 72 or 75 were a reference to section 230E; and".
14.5 In section 230F(c) for " section 79(4)" substitute "section 83AC".
15.1 In the note at the foot of section 13(1) for "Division 1A of Part 6" substitute "Division 1C of Part 3".
16 Working with Children Act 2005
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16.1 For section 9(1)(c) substitute —
"(c) work engaged in as a volunteer including engaging in unpaid community work—
(i) under an old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ;
(ii) under an old intensive correction order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ;
(iii) under a drug treatment order within the meaning of the Sentencing Act 1991 ;
(iv) under a community correction order within the meaning of the Sentencing Act 1991 ;
(v) a fine conversion order within the meaning of the Sentencing Act 1991 ;
(vi) a fine
default unpaid community work order within the meaning of the
Sentencing Act 1991 —
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other than unpaid work engaged in for a private or domestic purpose—".
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