Sentencing Act 1991

Authorised Version No. 233

Preliminary

Part 1 - Preliminary

• 1 Purposes
• 2 Commencement
• 3 Definitions
• 4 Application

Part 2 - Governing principles

• 5 Sentencing guidelines
• 5AA Court not to have regard to previous good character or lack of previous findings of guilt or convictions in certain circumstances
• 5A Standard sentence scheme
• 5B Sentencing for a standard sentence offence
• 6 Factors to be considered in determining offender's character
• 6AAA Sentence discount for guilty plea

Part 2AA - Guideline judgments

• 6AA Definition
• 6AB Power of Court of Appeal to give or review guideline judgments
• 6ABA Guideline judgments on application of Attorney-General
• 6AC Content of guideline judgment
• 6AD Procedural requirements
• 6AE Matters to which Court of Appeal must have regard
• 6AF Use of evidence in giving or reviewing guideline judgment
• 6AG Relationship between guideline judgments and other sentencing matters

Part 2A - Serious offenders

• 6A Application of Part
• 6B Definitions for purposes of this Part
• 6C Factors relevant to consideration of whether offender is a serious offender
• 6D Factors relevant to length of prison sentence
• 6E Sentences to be served cumulatively
• 6F Serious offender status to be noted on record

Part 2B - Continuing criminal enterprise offenders

• 6G Application of Part
• 6H Definitions for purposes of this Part
• 6I Increased maximum penalty for CCE offences
• 6J CCE offender status to be noted on record

Part 3 - Sentences

Division 1 - General

• 7 Sentences
• 8 Conviction or non-conviction

Division 1A - Pre-sentence reports

• 8A Court may order pre-sentence report
• 8B Contents of pre-sentence report
• 8C Distribution of pre-sentence report
• 8D Disputed pre-sentence report

Division 1B - Drug and alcohol reports

• 8E Drug and alcohol assessment report
• 8F Distribution of drug and alcohol assessment report
• 8G Disputed drug and alcohol assessment report
• 8H Drug and alcohol pre-release report
• 8I Approved drug and alcohol assessment agencies

Division 1C - Victim impact statements

• 8J Definitions
• 8K Victim may make victim impact statement
• 8L Contents of victim impact statement
• 8M Medical report
• 8N Distribution of written statement
• 8O Examination of victim
• 8P Witnesses
• 8Q Reading aloud of victim impact statement
• 8R Alternative arrangements for reading aloud of victim impact statement
• 8S Alternative arrangements for examination

Division 2 - Custodial orders Subdivision (1)—Imprisonment

• 9 Aggregate sentence of imprisonment3
• 9A Notice of intention to seek statutory minimum sentence for manslaughter
• 9B Custodial sentence must be imposed for manslaughter in circumstances of gross violence
• 9C Custodial sentence must be imposed for manslaughter by single punch or strike
• 10 Custodial sentence must be imposed for causing serious injury in circumstances of gross violence
• 10AA Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty
• 10AB Custodial sentence for offence of contravening supervision order or interim supervision order under Serious Offenders Act 2018
• 10AC Custodial sentence must be imposed for offence of aggravated home invasion
• 10AD Custodial sentence must be imposed for offence of aggravated carjacking
• 10AE Custodial sentence must be imposed for offences against sections 317AC and 317AD in certain circumstances
• 10A Special reasons relevant to imposing minimum non- parole periods
• 11 Fixing of non-parole period by sentencing court
• 11A Fixing of non-parole period for standard sentence offence
• 12 References to non-parole period
• 13 Fixing of non-parole period otherwise than by sentencing court
• 14 Fixing of new non-parole period in respect of multiple sentences
• 15 Order of service of sentences
• 16 Sentences—whether concurrent or cumulative5
• 16A Person may consent to imprisonment in respect of unpaid fines
• 17 Commencement of sentences11
• 18 Time held in custody before trial etc. to be deducted from sentence12

Subdivision (1A)—Indefinite sentences

• 18A Indefinite sentence
• 18B When court may impose indefinite sentence in respect of serious offence
• 18C Application for indefinite sentence
• 18D Adjournment of sentencing
• 18E Court Secure Treatment Orders
• 18F Sentencing hearing
• 18G Reasons for indefinite sentence
• 18H Review of indefinite sentence
• 18I Court may order reports
• 18J Distribution of reports
• 18K Disputed report
• 18L Review hearing
• 18M Outcome of review
• 18N Re-integration program
• 18O Appeal13
• 18P Offender to be present during hearings

Subdivision (1C)—Drug and alcohol treatment

orders

• 18X Purposes of drug and alcohol treatment order
• 18Y Order only available at Drug Court
• 18Z When drug and alcohol treatment order can be made
• 18ZA Order can cover multiple offences
• 18ZB Effect of Drug Court declining to make an order
• 18ZC The parts of a drug and alcohol treatment order
• 18ZD Sentence of imprisonment must be imposed
• 18ZE Activation of custodial part of an order
• 18ZF Core conditions
• 18ZG Program conditions
• 18ZH Variation on assessing offender's progress
• 18ZI Case conferences
• 18ZJ Rewards for complying with conditions
• 18ZK Cancellation as a reward
• 18ZL Failure to comply with conditions
• 18ZM Service in a secure custody facility
• 18ZN Commission of certain offences
• 18ZO Drug Court may hear and determine certain offences
• 18ZP Cancellation
• 18ZQ Drug and alcohol treatment order assessment reports
• 18ZR Appeals from Magistrates' Court
• 18ZS Immunity from prosecution for certain offences
• 18ZT Order made by Court of Appeal

Subdivision (4)—Youth justice centre orders

and youth residential centre orders

• 32 Youth justice centre or youth residential centre order14
• 32A Aggregate sentence of detention
• 33 Sentences to be concurrent unless otherwise directed15
• 34 Commencement of sentences16
• 35 Time held in custody before trial etc. to be deducted from sentence17, 18

Part 3A - Sentences—community correction orders

Division 1 - Preliminary

• 36 Purpose of an order

Division 2 - General

• 37 Community correction order
• 38 Period and commencement of a community correction order
• 39 Intensive compliance period
• 40 Community correction order may cover multiple offences
• 41 Presumption of concurrency
• 41A Maximum cumulative community correction orders
• 42 Concurrent unpaid community work where there are several orders
• 43 Fine and a community correction order
• 44 Imprisonment and a community correction order
• 44A Mandatory treatment and monitoring order

Division 3 - Making a community correction order

• 45 Terms of a community correction order
• 46 Power of the Secretary to give written directions
• 47 Court may attach conditions
• 48 Residual condition
• 48A Matters to be considered when attaching conditions

Division 4 - Conditions

• 48B Definitions
• 48C Unpaid community work condition
• 48CA Order with conditions under sections 48C and 48D
• 48D Treatment and rehabilitation condition
• 48E Supervision condition
• 48F Non-association condition
• 48G Residence restriction or exclusion condition
• 48H Place or area exclusion condition
• 48I Curfew condition
• 48J Alcohol exclusion condition
• 48JA Bond condition
• 48K Judicial monitoring condition
• 48L Power of court on review under a judicial monitoring condition
• 48LA Electronic monitoring of offender
• 48LB Confidentiality of personal information

Division 5 - Variation etc. of order

• 48M Variation etc. of community correction order
• 48N Application for variation etc. of a community correction order
• 48O Suspension by Secretary

Division 6 - Miscellaneous matters

• 48P Secretary may direct offender to report at another place
• 48Q Order made by Court of Appeal

Part 3B - Sentences—fines

Division 1 - Fines

• 49 Power to fine
• 50 Maximum fine
• 51 Aggregate fines
• 52 Financial circumstances of offender
• 53 Court to take forfeiture, compensation and restitution orders into account
• 54 Other matters court may have regard to in fixing amount of fine
• 55 Liability of director if body corporate unable to pay fine

Division 2 - Instalment orders and time to pay orders

• 56 Instalment order
• 57 Application for instalment order
• 58 Order to pay operates subject to instalment order
• 59 Time to pay order
• 60 Application for time to pay order
• 61 Application for variation or cancellation of order
• 62 Notice of application
• 63 Variation or cancellation of order

Division 3 - Fine conversion order

• 64 Fine conversion order
• 65 Application for order under section 64
• 67 Variation etc. of fine conversion order
• 68 Application for variation etc. of a fine conversion order

Division 4 - Fine default by natural person— warrant to arrest

• 69 Issue of warrant to arrest person in default
• 69A Warrant to arrest may be issued other than in paper form
• 69B Who may execute warrant?
• 69C When may warrant be executed?

Division 5 - Fine default by natural person— orders of court

• 69D Court may make fine default unpaid community work order on application
• 69E Orders of court in relation to fine default on arrest
• 69F Order of court in absence of offender
• 69FA Orders of court in relation to fine defaulter on arrest—Fines Reform Act 2014
• 69FB Order of court in absence of fine defaulter—Fines Reform Act 2014
• 69G Order of court if material change in circumstances of offender
• 69H Other orders of court
• 69I Variation etc. of fine default unpaid community work order
• 69J Application for variation etc. of a fine default unpaid community work order
• 69K Limit on fine for which unpaid community work can be ordered
• 69L Costs
• 69M Warrant to seize property returned unsatisfied

Division 6 - Calculation of period of imprisonment or unpaid community work

• 69N Term of imprisonment
• 69O Term of unpaid community work
• 69P Determining amount of unpaid fine or instalment
• 69Q Period of unpaid community work to be performed
• 69R Cumulative unpaid community work if there are several orders

Division 7 - Terms and operation of fines work orders

• 69S Period of a fines work order
• 69T When does a fines work order expire?
• 69U Part payment of fine to reduce unpaid community work
• 69V Terms of a fines work order
• 69W Suspension by Secretary
• 69X Secretary may direct offender to report at another place or to another person

Division 8 - Enforcement of fines against bodies corporate

• 69Y Enforcement of fines against bodies corporate

Division 9 - General

• 69Z Notice of orders to be given
• 69ZA Oath or affirmation
• 69ZB Application of fines etc.
• 69ZC Penalty payable to body corporate
• 69ZD Recovery of penalties
• 69ZE Order made by Court of Appeal
• 69ZF Rules of court
• 69ZG Application to infringement enforcement procedure

Part 3BA - Sentences—other orders

Division 1 - Dismissals, discharges and adjournments Subdivision (1)—General

• 70 Purpose of orders under this Division
• 71 Abolition of common law bonds
• 71A Limitation on making of orders under this Division

Subdivision (2)—Release on conviction

• 72 Release on adjournment following conviction
• 73 Unconditional discharge
• 74 Compensation or restitution

Subdivision (3)—Release without conviction

• 75 Release on adjournment without conviction
• 76 Unconditional dismissal
• 77 Compensation or restitution

Subdivision (4)—Variation of orders for release

on adjournment

• 78 Variation of order for release on adjournment

Division 2 - Intellectually disabled offenders

• 80 Justice plan condition
• 81 Review of justice plan by Secretary
• 82 Review of justice plan condition by sentencing court
• 82AA Residential treatment order
• 82A Review of residential treatment order by sentencing court
• 83 Notice of application

Division 3 - Deferral of sentencing in the Magistrates' Court or County Court

• 83A Deferral of sentencing

Part 3C - Sentences—contravention of sentence

Division 1 - Offences

• 83AC Contravention of order for release on adjournment
• 83AD Contravention of community correction order
• 83ADA Contravention of fine conversion order
• 83ADB Contravention of fine default unpaid community work order
• 83AE Particular contraventions of directions of Secretary
• 83AF Offence to fail to obey a written direction of Secretary

Division 2 - Procedure for contravention offence

• 83AG Commencement of a proceeding
• 83AH Time for commencing a proceeding
• 83AI Issue of summons or warrant to arrest
• 83AJ Transfer of a proceeding
• 83AK Issue of warrant to arrest on failure to comply with bail or summons
• 83AL Process where offender before higher court, orders of that court
• 83AM Process where offender before higher court, orders of Magistrates' Court
• 83AS Powers of the court on finding of guilt for contravention of community correction order
• 83ASA Powers of court on finding of guilt for contravention of fines work order
• 83AT Powers of the court on finding of guilt for contravention of order for release on adjournment

Division 3 - Direction of certain conditions on failure to comply

• 83AU Direction of unpaid community work condition on failure to comply
• 83AV Direction of curfew condition on failure to comply
• 83AW Reasonable excuse for a failure to comply
• 83AX Notice of direction to be given in writing
• 83AY Review by the sentencing court
• 83AZ Powers of a sentencing court on review

Part 3D - Superannuation orders

• 83B Purpose of Part
• 83C Application of Part
• 83D Definitions
• 83E Application for a superannuation order
• 83F Court may make a superannuation order
• 83G Effect of superannuation order
• 83H Provisions applying to a superannuation order
• 83I Powers of an authorised person to require information
• 83J Protection of administrators providing information
• 83K Disclosure of information

Part 4 - Orders in addition to sentence

Division 1 - Restitution

• 84 Restitution order
• 85 Enforcement of restitution order

Division 2 - Compensation Subdivision (1)—Compensation for pain and suffering etc.

• 85A Definitions
• 85B Compensation order
• 85C Application for compensation order
• 85D Extension of time for making application
• 85E Proceeding on an application
• 85F Court must not refuse to hear and determine application except in certain circumstances
• 85G Evidence
• 85H Court may take financial circumstances of offender into account
• 85I Court must reduce compensation by amount of assistance under victims of crime legislation
• 85J Court to give reasons for its decision
• 85K Costs of proceeding
• 85L Right to bring civil proceedings unaffected
• 85M Enforcement of order

Subdivision (2)—Compensation for property loss

• 86AA Court to ask if application for compensation order will be made
• 86 Compensation order
• 87 Enforcement of compensation order

Division 2A - Recovery of assistance paid under victims of crime legislation

• 87A Recovery of assistance paid under Victims of Crime Assistance Act 1996
• 87AB Recovery of assistance paid under Victims of Crime (Financial Assistance Scheme) Act 2022
• 87B Enforcement of order under section 87A or 87AB

Division 2B - Recovery of costs incurred by emergency service agencies

• 87C Definitions
• 87D Cost recovery order
• 87E Application for cost recovery order
• 87F Extension of time for making application
• 87G How offender may appear on an application
• 87H Court may have regard to relevant facts
• 87I Evidence
• 87J Court may take financial circumstances of offender into account
• 87K Court to give reasons for its decision
• 87L Costs of proceeding
• 87M Right to bring civil proceedings unaffected
• 87N Enforcement of order

Division 3 - Driver licences and learner permits— suspension, cancellation and driver disqualification

• 87P Definition
• 87Q Matters to be sent to the Secretary to the Department of Transport and Planning
• 88 Application of Evidence Act 2008
• 89 Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences
• 89A Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence
• 89B Commencement of period of disqualification
• 89C Finding on cancellation of driver licence or learner permit or driver disqualification
• 89D Presumption in favour of concurrency
• 89DA Cancellation on disqualification
• 89DB Effect of cancellation

Division 4 - Alcohol exclusion orders

• 89DC Definitions
• 89DD Alcohol exclusion order
• 89DE When an alcohol exclusion order must be made
• 89DF Offences for contravening alcohol exclusion order
• 89DG Variation of alcohol exclusion order
• 89DH Chief Commissioner to report on alcohol exclusion orders

Division 5 - Serious drug offender

• 89DI Declaration by court that person is serious drug offender

Part 4A - Identity crime certificates

• 89E Definitions
• 89F Court may issue certificate to victim of identity crime
• 89G Contents of certificate
• 89H Process for dealing with application

Part 5 - Mentally ill offenders

Division 1 - Court Assessment Orders

• 90 What is a Court Assessment Order?
• 91 When may the court make a Court Assessment Order?
• 92 Contents of a Court Assessment Order and notification requirements
• 93 Effect and duration of Court Assessment Order
• 94 Court powers following Court Assessment Order

Division 2 - Court Secure Treatment Orders

• 94A What is a Court Secure Treatment Order?
• 94B When may the court make a Court Secure Treatment Order?
• 94C Effect and duration of Court Secure Treatment Order

Division 3 - Taking persons subject to Court Assessment Order or Court Secure Treatment Order

• 94D Custody of persons subject to Court Assessment Order or Court Secure Treatment Order

Division 4 - Transitional provisions

• 94E Definition
• 94F Assessment order and diagnosis, assessment and treatment order
• 94G Hospital security order
• 94H Restricted involuntary treatment order
• 94I Proceedings in relation to orders

Part 6 - Making of sentencing and other orders

Division 1 - Explanation of orders

• 95 Explanation of orders

Division 3 - Taking other charges into account

• 100 Disposal of other pending charges

Division 4 - Passing of sentence

• 101 Time and place of sentence
• 102 Sentence by another judge or magistrate
• 103 Sentences not invalidated by failure to comply with procedural requirements

Part 7 - Correction of errors

• 104 Correction of sentences by Supreme Court on judicial review
• 104A Power to correct clerical mistakes, etc.
• 104B Court may reopen proceeding to correct penalties imposed contrary to law
• 104C Effect of reopening a proceeding under section 104B
• 104D When proceedings are finally disposed of

Part 8 - Historical homosexual convictions

• 105 Definitions
• 105AA Application of this Part
• 105A Part to bind the Crown
• 105B Application to Secretary for convictions for historical homosexual offences to be expunged
• 105C Submission of further information etc.
• 105D Consideration of application
• 105E Response to enquiries or requests for information
• 105F Appointment of advisors
• 105G Mandatory tests
• 105H Withdrawal of application
• 105I Determination of application
• 105J Effect of expungement of conviction
• 105K Obligations in relation to official records
• 105L Jurisdiction of VCAT
• 105M Restriction on right to re-apply
• 105N Delegation
• 105O Confidentiality
• 105P Giving of notices
• 105Q Evidentiary provisions
• 105R Immunity
• 105S No entitlement to compensation

Part 9 - Royal prerogative of mercy

• 106 Saving of royal prerogative of mercy
• 107 Release by Governor in exercise of royal prerogative of mercy
• 108 Penalties for offences may be remitted

Part 9A - Sentencing Advisory Council

• 108A Definitions
• 108B Establishment of Sentencing Advisory Council
• 108C Functions of the Council
• 108D Powers of the Council
• 108E Delegation
• 108F Board of directors
• 108G Chairperson
• 108H Terms and conditions of office of directors
• 108I Vacancies and removal of directors from office
• 108J Travelling and other allowances
• 108K Validity of acts or decisions
• 108L Meetings of the Board
• 108M Staff
• 108N Appointment of consultants
• 108O Control on expenditure
• 108P Parliamentary requirement for information

Part 10 - Miscellaneous provisions

• 109 Penalty scale
• 109A Operation of penalty provisions
• 110 Meaning of penalty units
• 111 Location and effect of penalty provisions
• 112 Classification of offences as indictable or summary
• 112A Maximum fine for indictable offence heard and determined summarily
• 113 Maximum term of imprisonment for indictable offence heard and determined summarily
• 113A Maximum term of imprisonment for summary offence
• 113B Maximum cumulative term of imprisonment imposable by Magistrates' Court
• 113C Maximum term of imprisonment where none prescribed
• 113D Increased maximum fine for body corporate
• 114 Effect of alterations in penalties19
• 115 Old offences relevant in determining previous convictions
• 115A Effect where punishment suffered for indictable offence
• 115B Delegation

Part 11 - Regulations and general matters

• 115C Infringement penalties
• 115D Power to serve an infringement notice
• 115E Appointment of authorised person
• 115F Reports
• 116 Regulations
• 116A Review of amendments made by Sentencing Amendment (Emergency Worker Harm) Act 2020

Part 12 - Transitionals

• 117 Transitional provisions
• 117A Transitional provisions—Sentencing (Amendment) Act 1993
• 117B Transitional provisions—Miscellaneous Acts (Omnibus Amendments) Act 1996
• 118 Transitional provisions (1997 amendments)
• 119 Transitional provisions (Sentencing (Amendment) Act 1997)
• 120 Transitional provisions (1998 amendments)
• 121 Transitional provision—Courts and Tribunals Legislation (Amendment) Act 2000
• 122 Transitional provisions—Sentencing (Amendment) Act 1999
• 123 Transitional provision—Magistrates' Court (Infringements) Act 2000
• 124 Transitional provisions—Victims of Crime Assistance (Amendment) Act 2000
• 125 Transitional provisions—Sentencing (Emergency Service Costs) Act 2001
• 126 Transitional provisions—Sentencing (Amendment) Act 2002
• 126B Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002
• 127 Transitional provision—Crimes (Property Damage and Computer Offences) Act 2003
• 127A Transitional provisions—Corrections and Sentencing Acts (Home Detention) Act 2003
• 128 Transitional provision—Sentencing (Amendment) Act 2003
• 129 Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
• 130 Transitional provision—Sentencing (Further Amendment) Act 2005
• 131 Transitional provision—Sentencing and Mental Health Acts (Amendment) Act 2005
• 132 Transitional provision—Courts Legislation (Jurisdiction) Act 2006
• 133 Transitional provisions—Sentencing (Suspended Sentences) Act 2006
• 134 Transitional provision—Working with Children Act 2005
• 135 Transitional provision—Criminal Procedure Legislation Amendment Act 2008
• 136 Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008
• 137 Transitional provision—Crimes Amendment (Identity Crime) Act 2009
• 138 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
• 139 Transitional provision—Criminal Procedure Act 2009
• 140 Transitional provision—Sentencing Amendment Act 2009
• 141 Transitional provision—Justice Legislation Amendment Act 2010
• 141A Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011
• 142 Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
• 143 Transitional provision—Sentencing Amendment Act 2010

Suspended sentences

• 144 Transitional provision—Sentencing Further Amendment Act 2011
• 145 Transitional provisions—Criminal Procedure Amendment Act 2012
• 147 Transitional provision—Sentencing Amendment (Community Correction Reform) Act 2011
• 148 Transitional provision—Road Safety and Sentencing Acts Amendment Act 2012
• 149 Transitional provision—Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012
• 149A Validation—Justice Legislation Amendment Act 2013
• 149B Transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
• 149C Further transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
• 149D Additional transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
• 150 Transitional provisions—Road Safety and Sentencing Acts Amendment Act 2013
• 151 Transitional provision—Summary Offences and Sentencing Amendment Act 2014
• 152 Transitional provisions—Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Act 2014
• 153 Transitional provision—Criminal Organisations Control and Other Acts Amendment Act 2014— alcohol exclusion orders
• 154 Transitional provisions—Sentencing Amendment (Emergency Workers) Act 2014—general
• 156 Transitional provision—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014
• 156A Transitional provision—Sentencing Amendment (Correction of Sentencing Error) Act 2015
• 157 Transitional provision—Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014
• 158 Transitional provisions—Crimes Legislation Amendment Act 2016
• 159 Transitional provisions—Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016
• 160 Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016
• 161 Transitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
• 162 Transitional provision—Sentencing (Community Correction Order) and Other Acts Amendment Act 2016
• 163 Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016
• 164 Transitional—Fines Reform Amendment Act 2017
• 165 Transitional provision—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
• 165A Transitional provisions—Sentencing Amendment (Sentencing Standards) Act 2017
• 166 Transitional—Justice Legislation Amendment (Victims) Act 2018
• 167 Transitional provisions—Justice Legislation Miscellaneous Amendment Act 2018
• 168 Transitional provision—Victims and Other Legislation Amendment Act 2018
• 169 Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019
• 170 Transitional provision—Sentencing Amendment (Emergency Worker Harm) Act 2020
• 171 Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020

Schedules

Schedule 1 - Serious offender offences

• 1 Sexual offences
• 2 Violent offences
• 3 Serious violent offences
• 4 Drug offences
• 5 Arson offences
• Schedule 1A - Continuing criminal enterprise offences
• Schedule 2 - Forms for use where other offences taken into account in sentencing

Schedule 3 - Transitional provisions— Sentencing Amendment (Community Correction Reform) Act 2011

Part 1 - Definitions

• 1 Definitions

Part 2 - Sentencing Amendment (Community Correction Reform) Act 2011

• 2 Combined custody and treatment orders
• 3 Intensive correction orders
• 4 Community-based orders
• 5 Community correction orders
• 6 Contravention—Suspended sentences
• 7 Contravention—Old combined custody and treatment orders
• 8 Contravention—pre-existing home detention orders
• 9 Contravention—Old intensive correction orders
• 10 Contravention—Old community-based orders
• 11 Presumption of concurrency, old orders and community correction orders
• 12 Offences occurring on more than one date
• 13 Time for bringing proceeding

Part 3 - Sentencing Amendment (Community Correction Reform) Act 2011—Further amendments

• 14 Community correction orders—bond condition
• 15 Direction of certain conditions on failure to comply with a community correction order

Part 4 - Road Safety and Sentencing Acts Amendment Act 2012—Validations

• 18 Validation of certain community correction orders

Schedule 3A - Transitional provisions— Serious Offenders Act 2018

• 1 Saving of orders continued in effect after commencement by Serious Offenders Act 2018

Schedule 4 - Justice Legislation Amendment Act 2013—validation

• 1 Definitions
• 2 Validation of adjournment orders
• 3 Validation of community-based orders
• 4 Additional provisions relating to rights of appeal
• 5 Rights in specific proceedings not affected