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PARLIAMENT OF VICTORIA
Justice Legislation Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--CORRECTIONS ACT 1986 4
3 Definition 4
4 Functions of Secretary and Commissioner 4
5 Abolition of Prison Industry Advisory Committee 4
6 Consequential amendments regarding interim extended
supervision orders 4
PART 3--FIREARMS ACT 1996 6
7 Definitions 6
8 Declarations by the Chief Commissioner for the purposes of
certain provisions 6
9 New section 3B inserted 6
3B Permanent declarations by the Chief Commissioner
for the purposes of certain definitions 6
10 Tranquilliser guns 8
11 New section 212 inserted 8
212 Transitional provision--Justice Legislation
Amendment Act 2008 8
12 Statute law revision 9
PART 4--SERIOUS SEX OFFENDERS MONITORING
ACT 2005 10
13 Definitions 10
14 Secretary may direct offender to attend for examination 10
15 New section 7B inserted 11
7B Additional assessments 11
16 Additional assessments and hearings 12
561271B.I-15/4/2008 i BILL LA INTRODUCTION 15/4/2008
Clause Page
17 New Division 4A inserted in Part 2 12
Division 4A--Interim extended supervision orders 12
25A Secretary may apply for interim extended
supervision order 12
25B Service of application and other documents on
offender 14
25C Hearing of application 14
25D When may a court make an interim extended
supervision order? 14
25E Interim extended supervision order 16
25F Commencement of interim extended supervision
order 16
25G Duration of interim extended supervision order 17
25H Conditions of interim extended supervision order 18
25I Expiry of interim extended supervision order 18
25J Revival of interim extended supervision order 19
25K Suspension of interim extended supervision order 20
25L Notice of suspension 21
25M Extension of interim extended supervision order 22
25N Order extending interim extended supervision order 23
18 Bail 24
19 Matters to which court may have regard 24
20 New section 39 substituted 24
39 Powers of Court of Appeal 24
21 New section 39A inserted 26
39A Interim extended supervision order 26
22 Breach of interim extended supervision order and change of
name 27
23 New section 51 inserted 28
51 Transitional provisions--Justice Legislation
Amendment Act 2008 28
24 Extending relevant offences to offences against adults 30
25 Consequential amendment of other Acts 31
PART 5--STATUTE LAW REVISION AND OTHER
AMENDMENTS 33
26 Administration and Probate Act 1958 33
27 Liquor Control Reform Act 1998 33
28 Summary Offences Act 1966 34
PART 6--REPEAL OF AMENDING ACT 35
29 Repeal 35
ENDNOTES 36
561271B.I-15/4/2008 ii BILL LA INTRODUCTION 15/4/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Amendment Bill
2008
A Bill for an Act to amend the Administration and Probate Act
1958, the Corrections Act 1986, the Firearms Act 1996, the Liquor
Control Reform Act 1998, the Serious Sex Offenders Monitoring
Act 2005 and the Summary Offences Act 1966 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Corrections Act 1986--
5 (i) with respect to the functions of the
Secretary and the Commissioner; and
(ii) to abolish the Prison Industry Advisory
Committee;
561271B.I-15/4/2008 1 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 1--Preliminary
s. 2
(b) to amend the Firearms Act 1996--
(i) to allow the Chief Commissioner to
declare certain firearms to be of a
particular category; and
5 (ii) with respect to the licensing of
tranquilliser guns;
(c) to amend the Serious Sex Offenders
Monitoring Act 2005--
(i) to allow for the additional assessment
10 of offenders; and
(ii) to extend the offences in relation to
which an extended supervision order
may be made to include offences
against adults; and
15 (iii) to provide for the making of interim
extended supervision orders; and
(iv) to clarify the powers of the Court of
Appeal;
(d) to make minor or statute law revisions to the
20 Administration and Probate Act 1958, the
Liquor Control Reform Act 1998 and the
Summary Offences Act 1966.
2 Commencement
(1) This Act (except sections 6, 8, 13, 17, 18, 21, 22,
25 25, 26 and 28) comes into operation on the day
after the day on which it receives the Royal
Assent.
(2) Section 13(1) is deemed to have come into
operation on 1 October 2006.
30 (3) Section 8 comes into operation on the later of--
(a) the day after the day on which this Act
receives the Royal Assent;
561271B.I-15/4/2008 2 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 1--Preliminary
s. 2
(b) the day on which section 4 of the Firearms
Amendment Act 2007 comes into operation.
(4) If item 2.1(b) in Schedule 1 to the Relationships
Act 2008 came into operation before the day on
5 which this Act receives the Royal Assent,
section 26 is deemed to have come into operation
on the day on which item 2.1(b) in Schedule 1 to
the Relationships Act 2008 came into operation.
(5) If item 2.1(b) in Schedule 1 to the Relationships
10 Act 2008 comes into operation on or after the day
on which this Act receives the Royal Assent,
section 26 comes into operation on the day on
which item 2.1(b) in Schedule 1 to the
Relationships Act 2008 comes into operation.
15 (6) If section 9(1) of the Infringements and Other
Acts Amendment Act 2008 came into operation
before the day on which this Act receives the
Royal Assent, section 28 is deemed to have come
into operation on the day on which section 9(1) of
20 the Infringements and Other Acts Amendment
Act 2008 came into operation.
(7) If section 9(1) of the Infringements and Other
Acts Amendment Act 2008 comes into operation
on or after the day on which this Act receives the
25 Royal Assent, section 28 comes into operation on
the day on which section 9(1) of the
Infringements and Other Acts Amendment Act
2008 comes into operation.
(8) Subject to subsection (9), sections 6, 13(2), 17, 18,
30 21, 22 and 25 come into operation on a day to be
proclaimed.
(9) If section 6, 13(2), 17, 18, 21, 22 or 25 does not
come into operation before 1 August 2008, it
comes into operation on that day.
__________________
561271B.I-15/4/2008 3 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 2--Corrections Act 1986
s. 3
PART 2--CORRECTIONS ACT 1986
3 Definition
See: In section 3(1) of the Corrections Act 1986, the
Act No.
117/1986. definition of Committee is repealed.
Reprint No. 7
as at
18 October
2007
and
amending
Act No.
53/2007.
LawToday:
www.
legislation.
vic.gov.au
5 4 Functions of Secretary and Commissioner
(1) Before section 7(2) of the Corrections Act 1986
insert--
"(1) The Secretary is responsible for monitoring
performance in the provision of all
10 correctional services to achieve the safe
custody and welfare of prisoners and
offenders.".
(2) In section 8A(2)(a) of the Corrections Act 1986
for "monitoring" substitute "assessing".
15 5 Abolition of Prison Industry Advisory Committee
Division 2 of Part 8B of the Corrections Act
1986 is repealed.
6 Consequential amendments regarding interim
extended supervision orders
20 In the Corrections Act 1986--
(a) in section 30A(1), in the definition of
extended supervision order, after "2005"
insert "or an interim extended supervision
order within the meaning of that Act";
561271B.I-15/4/2008 4 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 2--Corrections Act 1986
s. 6
(b) in sections 70(ab) and 72(1)(bd), after
"order" insert "or interim extended
supervision order";
(c) in section 72(4), for "an extended
5 supervision order, or of an application for an
extended supervision order" substitute
"an extended supervision order or interim
extended supervision order, or of an
application for an extended supervision order
10 or interim extended supervision order";
(d) in section 73(2), after "order" insert
"or interim extended supervision order";
(e) in section 104E, in the definition of
monitored person, after "order" insert
15 "or interim extended supervision order".
__________________
561271B.I-15/4/2008 5 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 3--Firearms Act 1996
s. 7
PART 3--FIREARMS ACT 1996
7 Definitions
See: In section 3(1) of the Firearms Act 1996--
Act No.
66/1996.
Reprint No. 4
(a) at the end of the definition of category D
5 as at longarm insert--
11 October
2006 "(g) any other firearm that is declared under
and
amending section 3B(1)(a) to be a category D
Act Nos longarm;";
78/2005 (as
amended by (b) at the end of the definition of category E
Act No.
10 50/2007) , longarm insert--
97/2005,
23/2006, "(g) any other firearm that is declared under
48/2006,
28/2007 and
section 3B(1)(b) to be a category E
50/2007. longarm;".
LawToday:
www.
legislation.
vic.gov.au
8 Declarations by the Chief Commissioner for the
15 purposes of certain provisions
In the heading to section 3A of the Firearms Act
1996, for "Declarations" substitute "Temporary
declarations".
9 New section 3B inserted
20 Before section 4 of the Firearms Act 1996
insert--
"3B Permanent declarations by the Chief
Commissioner for the purposes of certain
definitions
25 (1) The Chief Commissioner, by instrument,
may declare a firearm or type of firearm that
would otherwise be a category A longarm,
category B longarm or category C longarm
to be--
561271B.I-15/4/2008 6 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 3--Firearms Act 1996
s. 9
(a) a category D longarm; or
(b) a category E longarm--
if the Chief Commissioner is satisfied that
the firearm or type of firearm subject to the
5 declaration is designed or adapted for
military purposes, or substantially duplicates
a firearm of that type in design, function or
appearance.
(2) In choosing whether a firearm or type of
10 firearm is to be declared a category D
longarm or category E longarm, the Chief
Commissioner must have regard to which of
those categories the firearm or type of
firearm most closely resembles.
15 (3) The Chief Commissioner must cause a
declaration under subsection (1) to be
published in the Government Gazette as soon
as practicable after the declaration is made.
(4) A declaration under subsection (1) takes
20 effect on the day it is published in the
Government Gazette or on the later day
specified in the declaration.
(5) The Chief Commissioner must notify each
person whom the Chief Commissioner is
25 aware is in possession of a firearm to which
a declaration under subsection (1) applies of
the declaration.
(6) If the Chief Commissioner makes a
declaration under subsection (1) declaring a
30 firearm or a type of firearm to be a
category D longarm or a category E longarm,
the firearm or type of firearm is, for the
purposes of this Act, taken to be a firearm or
type of firearm of that category only, despite
35 anything to the contrary in section 3 or 3A or
the regulations.
561271B.I-15/4/2008 7 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 3--Firearms Act 1996
s. 10
(7) In any proceeding for an offence under
section 6(4) or 6(5) in respect of a firearm
that is declared under subsection (1) to be a
category D longarm or a category E longarm,
5 it is a defence to the charge if the person has
not been notified by the Chief Commissioner
of the declaration under subsection (5).".
10 Tranquilliser guns
In section 9(3) of the Firearms Act 1996--
10 (a) in paragraph (b)(ii), for "shotgun."
substitute "shotgun; or";
(b) after paragraph (b) insert--
"(c) for a reason set out in
section 11(1)(a)(i) or (iv)--
15 (i) more than one registered
category C longarm, being
tranquilliser guns, if the Chief
Commissioner is satisfied that the
person has a genuine need to
20 possess, carry or use more than
one such longarm; or
(ii) in any other case, not more than
one registered category C
longarm, being a tranquilliser
25 gun.".
11 New section 212 inserted
At the end of Part 12 of the Firearms Act 1996
insert--
"212 Transitional provision--Justice
30 Legislation Amendment Act 2008
A licence issued under section 9(3) for a
person to possess, carry or use a registered
category C longarm, being a tranquilliser
gun, that was in force immediately before the
561271B.I-15/4/2008 8 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 3--Firearms Act 1996
s. 12
commencement of section 10 of the Justice
Legislation Amendment Act 2008
continues to be in force on and after that
commencement in accordance with its
5 terms.".
12 Statute law revision
In section 3(1) of the Firearms Act 1996, in
paragraph (a) of the definition of officer, for
"section 82A" substitute "section 9".
__________________
561271B.I-15/4/2008 9 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 13
PART 4--SERIOUS SEX OFFENDERS MONITORING
ACT 2005
13 Definitions
See: (1) In section 3(1) of the Serious Sex Offenders
Act No.
5 1/2005. Monitoring Act 2005, in the definition of
Reprint No. 1 custodial sentence, in paragraph (b), for
as at
1 December "section 93(1)(e)" substitute "section 93A".
2006
and (2) In section 3(1) of the Serious Sex Offenders
amending
Act No.
Monitoring Act 2005 insert the following
10 97/2005. definition--
LawToday:
www. "interim extended supervision order means an
legislation.
vic.gov.au order made by a court on an application
under section 25A or by the Court of Appeal
under section 39A;".
15 14 Secretary may direct offender to attend for
examination
For section 7A(3) of the Serious Sex Offenders
Monitoring Act 2005 substitute--
"(3) An offender must not fail, without
20 reasonable excuse, to comply with--
(a) a direction given to the offender under
subsection (1); or
(b) that direction as varied under
subsection (2).
25 Penalty: Level 7 imprisonment (2 years
maximum).".
561271B.I-15/4/2008 10 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 15
15 New section 7B inserted
After section 7A of the Serious Sex Offenders
Monitoring Act 2005 insert--
"7B Additional assessments
5 (1) If a medical expert considers it necessary to
do so for the purposes of making an
assessment report, the medical expert may
seek an assessment of the offender from
another medical expert (an additional
10 assessment).
(2) For the purposes of an additional assessment,
the Secretary may, by written notice served
on an offender, direct the offender to attend a
specified medical expert at a place and on a
15 date and time specified in the direction for a
personal examination.
(3) The Secretary may, by written notice served
on an offender, vary or revoke a direction
given to the offender under this section.
20 (4) An offender must not fail, without
reasonable excuse, to comply with--
(a) a direction given to the offender under
subsection (2); or
(b) that direction as varied under
25 subsection (3).
Penalty: Level 7 imprisonment (2 years
maximum).
(5) A medical expert may still make an
additional assessment if the offender does
30 not comply with a direction given under this
section.
561271B.I-15/4/2008 11 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 16
(6) Nothing in this section empowers the giving
of a direction that would require an offender
to submit to a physical examination or in any
way actively to cooperate in the carrying out
5 of a personal examination.".
16 Additional assessments and hearings
(1) After section 8(1)(f) of the Serious Sex
Offenders Monitoring Act 2005 insert--
"(fa) if an additional assessment of the offender
10 has been obtained under section 7B, the
results of that assessment;".
(2) After section 8(2) of the Serious Sex Offenders
Monitoring Act 2005 insert--
"(3) In stating an assessment and reasons for it
15 under subsection (2), the medical expert may
have regard to any additional assessment
obtained under section 7B in respect of the
offender.".
(3) In section 10(2) of the Serious Sex Offenders
20 Monitoring Act 2005, for "enable the offender"
substitute "give the offender the opportunity".
(4) In section 22(5)(a) of the Serious Sex Offenders
Monitoring Act 2005, after "7A" insert ", 7B".
17 New Division 4A inserted in Part 2
25 After Division 4 of Part 2 of the Serious Sex
Offenders Monitoring Act 2005 insert--
"Division 4A--Interim extended supervision
orders
25A Secretary may apply for interim extended
30 supervision order
(1) The Secretary may apply to a court for an
interim extended supervision order in respect
of an offender who is the subject of--
561271B.I-15/4/2008 12 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
(a) an application under section 5 for an
extended supervision order; or
(b) an application under section 24 for
renewal of an extended supervision
5 order.
(2) An application under this section may be
made at the time of making the application
referred to in subsection (1)(a) or (b) or at
any subsequent time before that application
10 is determined, whether or not--
(a) in the case of an application referred to
in subsection (1)(a), the offender has
ceased to be an eligible offender
because he or she is no longer serving a
15 custodial sentence as required by
section 4(1)(b); or
(b) in the case of an application referred to
in subsection (1)(b), the extended
supervision order has expired.
20 (3) An application under this section is to be
made to the same court to which the
application referred to in subsection (1)(a)
or (b) was made.
(4) An application under this section may
25 continue to be dealt with and determined by
a court even if since it was made the offender
has ceased to be an eligible offender because
he or she is no longer serving a custodial
sentence or the extended supervision order
30 has expired.
(5) More than one application may be made
under this section for an interim extended
supervision order in respect of an offender.
561271B.I-15/4/2008 13 BILL LA INTRODUCTION 15/4/2008
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Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
25B Service of application and other
documents on offender
As soon as practicable after making an
application under section 25A, the Secretary
5 must cause the following to be served on the
offender--
(a) a copy of the application;
(b) a notice in the prescribed form setting
out the offender's rights in relation to,
10 and the procedure for the hearing and
determination of, the application.
25C Hearing of application
(1) Unless the court to which an application for
an interim extended supervision order is
15 made is satisfied that exceptional
circumstances exist, the court may only
begin to hear the application if satisfied that
the offender has had a reasonable
opportunity to obtain legal representation.
20 (2) A court may adjourn the hearing of an
application to give the offender the
opportunity to obtain legal representation.
(3) A court may resume a hearing that was
adjourned by it in accordance with
25 subsection (2) even though the offender is
not legally represented if satisfied that he or
she has had a reasonable opportunity to
obtain legal representation.
25D When may a court make an interim
30 extended supervision order?
(1) A court may only make an interim extended
supervision order in respect of an offender if
satisfied that--
561271B.I-15/4/2008 14 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
(a) the Secretary has applied for an
extended supervision order or renewal
of an extended supervision order in
respect of the offender; and
5 (b) in the case of an application for an
extended supervision order, the
offender is no longer serving a sentence
as required by section 4(1)(b) or will no
longer be serving that sentence when
10 that application is determined; and
(c) in the case of an application for renewal
of an extended supervision order, the
extended supervision order has expired
or will have expired before that
15 application can be determined; and
(d) the making of an interim extended
supervision order is justified having
regard to any matter that the court
considers appropriate; and
20 (e) it is in the public interest to make an
interim extended supervision order,
having regard to--
(i) the main purpose of this Act as set
out in section 1(1); and
25 (ii) the reasons why the application
referred to in paragraph (a) was
not, or will not be, determined
before the expiry of the sentence
referred to in section 4(1)(b) or the
30 expiry of the extended supervision
order (as the case requires).
(2) If the court makes an interim extended
supervision order, the Secretary must cause a
copy of the order to be given as soon as
35 possible to the Adult Parole Board.
561271B.I-15/4/2008 15 BILL LA INTRODUCTION 15/4/2008
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Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
25E Interim extended supervision order
(1) An interim extended supervision order must
state that the court making it is satisfied that
the making of the order is justified and that it
5 is in the public interest to make the order.
(2) An interim extended supervision order must
also specify--
(a) the name of the offender in respect of
whom the order is made; and
10 (b) the date on which the order is made;
and
(c) the date on which the order commences
as provided by section 25F; and
(d) the period of the order as provided by
15 section 25G; and
(e) the conditions of the order as provided
by section 25H.
(3) An interim extended supervision order must
be signed by the judge comprising the court
20 that made it and include his or her name.
25F Commencement of interim extended
supervision order
(1) In the case of an interim extended
supervision order made in relation to an
25 application referred to in
section 25A(1)(a)--
(a) if at the time of the making of the
interim extended supervision order the
offender is serving a custodial sentence,
30 the order commences on the day on
which he or she completes the service
of any custodial sentence to which he
or she was subject at that time; or
561271B.I-15/4/2008 16 BILL LA INTRODUCTION 15/4/2008
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Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
(b) if at the time of the making of the
interim extended supervision order the
offender is not serving a custodial
sentence, the order commences on the
5 commencement date specified in it.
(2) In the case of an interim extended
supervision order made in relation to an
application referred to in section 25A(1)(b),
the interim extended supervision order takes
10 effect--
(a) immediately on the expiry of the
extended supervision order sought to be
renewed, if that order is still in force at
the time the interim supervision order is
15 made; or
(b) on the commencement date specified in
the interim extended supervision order
if the order sought to be renewed has
expired by the time the interim
20 extended supervision order is made.
25G Duration of interim extended supervision
order
(1) Subject to subsection (2) and section 25I, the
period of an interim extended supervision
25 order is the period determined by the court
and specified in the order.
(2) The total period for which the offender may
be made subject to an interim extended
supervision order pending the determination
30 of any one application referred to in
section 25A(1)(a) or (b) cannot exceed
4 months, unless the court making or
extending the order considers that
exceptional circumstances exist.
561271B.I-15/4/2008 17 BILL LA INTRODUCTION 15/4/2008
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Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
25H Conditions of interim extended
supervision order
Sections 15, 16, 16A and 16B apply with
respect to an interim extended supervision
5 order as if a reference in those sections to an
extended supervision order were a reference
to an interim extended supervision order.
25I Expiry of interim extended supervision
order
10 (1) An interim extended supervision order
expires--
(a) at the end of its period of operation or
that period as extended under
section 25M; or
15 (b) on the determination of the application
referred to in section 25A(1)(a) or (b)
in relation to which the interim
extended supervision order was made;
or
20 (c) on the offender being taken into
custody to undergo service of an
indefinite sentence--
whichever occurs first.
(2) The Director of Public Prosecutions must
25 ensure that the Secretary is notified as soon
as practicable if an indefinite sentence is
imposed on an offender who is subject to an
interim extended supervision order.
(3) As soon as practicable after being notified
30 under subsection (2), the Secretary must
cause notice of the indefinite sentence and of
its effect on the interim extended supervision
order to be given to the Adult Parole Board.
561271B.I-15/4/2008 18 BILL LA INTRODUCTION 15/4/2008
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Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
(4) If an interim extended supervision order
expires by force of subsection (1)(c), the
Secretary must cause notice of that expiry,
and of the effect of section 25J(1), to be
5 served on the offender as soon as practicable.
(5) On the expiry of an interim extended
supervision order, the offender ceases to be
subject to the conditions of the order and to
any instructions or directions given by the
10 Secretary or the Adult Parole Board in
relation to it under section 16.
25J Revival of interim extended supervision
order
(1) If the sentence referred to in
15 section 25I(1)(c) is subsequently quashed or
set aside by a court, the interim extended
supervision order is then revived and the
period between then and the day on which
the order expired by force of that section
20 must be taken to have been a period of
suspension arising by force of section 25K.
(2) The Director of Public Prosecutions must
ensure that the Secretary is notified as soon
as practicable if an indefinite sentence
25 imposed on an offender who is subject to an
interim extended supervision order is
subsequently quashed or set aside by a court.
(3) As soon as practicable after being notified
under subsection (2), the Secretary must
30 cause notice of the quashing or setting aside
of the indefinite sentence and of its effect on
the interim extended supervision order to be
given to the Adult Parole Board.
561271B.I-15/4/2008 19 BILL LA INTRODUCTION 15/4/2008
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Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
(4) If an interim extended supervision order is
revived by force of subsection (1), the
Secretary must cause notice of that revival,
and of the date on which it was revived, to be
5 served on the offender as soon as practicable.
25K Suspension of interim extended
supervision order
(1) The operation of an interim extended
supervision order is by force of this section
10 suspended during any period when the
offender--
(a) is in the legal custody of the Secretary
or the Chief Commissioner of Police as
specified by Part 1A of the Corrections
15 Act 1986; or
(b) is in custody as a forensic patient or
forensic resident under a custodial
supervision order; or
(c) is detained in an approved mental
20 health service as a security patient
under a hospital security order or a
restricted hospital transfer order; or
(d) is detained in an approved mental
health service as an involuntary patient
25 under a restricted involuntary treatment
order or a hospital transfer order.
(2) The operation of an interim extended
supervision order recommences on it ceasing
to be suspended by force of this section.
30 (3) Any period of suspension arising by force of
this section does not count in calculating the
period of the order still remaining.
561271B.I-15/4/2008 20 BILL LA INTRODUCTION 15/4/2008
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Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
(4) While the operation of an interim extended
supervision order is suspended, the offender
is not subject to the conditions of the order or
to any instructions or directions given by the
5 Secretary or the Adult Parole Board in
relation to it under section 16.
25L Notice of suspension
(1) The Secretary must cause notice of an event
referred to in section 25K(1)(a), and of the
10 suspension of the interim extended
supervision order because of that event, to be
given to the Adult Parole Board as soon as
practicable after the occurrence of the event.
(2) If the Secretary within the meaning of the
15 Mental Health Act 1986 is or becomes
aware that the person in relation to whom an
event of a kind referred to in section
25K(1)(b), (c) or (d) has occurred is a person
subject to an interim extended supervision
20 order, he or she must cause notice of that
event to be given to the Secretary as soon as
practicable.
(3) As soon as practicable after being notified of
an event under subsection (2), the Secretary
25 must cause notice of that event, and of the
suspension of the interim extended
supervision order because of that event, to be
given to the Adult Parole Board.
(4) If the operation of an interim extended
30 supervision order is suspended by force of
section 25K, the Secretary must cause notice
of that suspension, and of the effect of
section 25K(2), (3) and (4), to be served on
the offender as soon as practicable.
561271B.I-15/4/2008 21 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
(5) If the Secretary within the meaning of the
Mental Health Act 1986 is or becomes
aware that a person who has been, or is about
to be, released from custody or detention of a
5 kind referred to in section 25K(1)(b), (c) or
(d) is a person subject to an interim extended
supervision order, he or she must cause
notice of that release or proposed release to
be given to the Secretary as soon as
10 practicable.
(6) If the operation of an interim extended
supervision order is, or is about to be,
recommenced by force of section 25K, the
Secretary must cause notice of that fact, and
15 of the date of the recommencement, to be
given to the Adult Parole Board and served
on the offender as soon as practicable.
25M Extension of interim extended supervision
order
20 (1) At any time while an interim extended
supervision order is in force, the Secretary
may request the court that made the order to
extend the order.
(2) A request under subsection (1) may be
25 made--
(a) by application to the court; or
(b) by oral submission at a directions
hearing under section 27.
(3) Section 25D (with any necessary
30 modifications) applies to a request to extend
an interim extended supervision order in the
same way as it applies to an application
under section 25A for an interim extended
supervision order.
561271B.I-15/4/2008 22 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 17
(4) An order extending an interim extended
supervision order cannot be made if the
interim extended supervision order has
expired.
5 (5) An order extending an interim extended
supervision order may be made whether or
not--
(a) if the interim extended supervision
order is in relation to an application
10 referred to in section 25A(1)(a), the
offender has ceased to be an eligible
offender because he or she is no longer
serving a custodial sentence as required
by section 4(1)(b); or
15 (b) if the interim extended supervision
order is in relation to an application
referred to in section 25A(1)(b), the
extended supervision order has expired.
(6) Subject to sections 25G(2) and 25I, an
20 interim extended supervision order may be
extended for the period determined by the
court and specified in the order extending the
interim extended supervision order.
(7) An interim extended supervision order in
25 respect of an offender may be extended
under this section more than once.
Note
Section 25G(2) imposes a maximum period of
4 months for an interim extended supervision order,
30 unless exceptional circumstances exist.
25N Order extending interim extended
supervision order
(1) An order extending an interim extended
supervision order must state that the court
35 making it is satisfied that extending the
interim extended supervision order is
561271B.I-15/4/2008 23 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 18
justified and that it is in the public interest to
do so.
(2) An order extending an interim extended
supervision order must also specify--
5 (a) the name of the offender in respect of
whom the order is made; and
(b) the date on which the order is made;
and
(c) the period for which the interim
10 extended supervision order is extended.
(3) An order extending an interim extended
supervision order must be signed by the
judge comprising the court that made it and
include his or her name.".
15 18 Bail
In section 32(2) of the Serious Sex Offenders
Monitoring Act 2005, after "custody" (where first
occurring) insert "under section 31".
19 Matters to which court may have regard
20 In section 34(a) of the Serious Sex Offenders
Monitoring Act 2005, after "report" insert
", including in any examination for the purposes
of an additional assessment under section 7B".
20 New section 39 substituted
25 For section 39 of the Serious Sex Offenders
Monitoring Act 2005 substitute--
"39 Powers of Court of Appeal
(1) On an appeal under this Part, the Court of
Appeal may--
30 (a) confirm the relevant decision; or
561271B.I-15/4/2008 24 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 20
(b) revoke the extended supervision order
or the renewed extended supervision
order; or
(c) if the relevant decision was to revoke
5 an extended supervision order, make an
order reviving the extended supervision
order; or
(d) quash the relevant decision and remit
the matter to the court which made that
10 decision, with or without any
directions.
(2) If the Court of Appeal makes an order under
subsection (1)(c), the period between the
making of that order and the revocation of
15 the extended supervision order must be taken
to have been a period of suspension arising
by force of section 19.
(3) If the Court of Appeal remits a matter to a
court under subsection (1)(d), that court may
20 make or renew an extended supervision
order in respect of the offender even if--
(a) the offender is not then an eligible
offender because he or she is no longer
serving a custodial sentence as required
25 by section 4(1)(b); or
(b) the extended supervision order has
expired--
as the case requires.
(4) Directions under subsection (1)(d) may
30 include directions as to whether or not the
court to which the matter is remitted should
be constituted by the judge who made the
relevant decision.".
561271B.I-15/4/2008 25 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 21
21 New section 39A inserted
After section 39 of the Serious Sex Offenders
Monitoring Act 2005 insert--
"39A Interim extended supervision order
5 (1) If the Court of Appeal remits a matter to a
court under section 39(1)(d), the Court of
Appeal may make an interim extended
supervision order in respect of the offender,
if the Court of Appeal is satisfied that that
10 the making of the order is justified and that it
is in the public interest to make the order.
(2) Subject to this section, this Act applies to an
interim extended supervision order made by
the Court of Appeal in the same way as it
15 applies to any other interim extended
supervision order.
(3) The period of an interim extended
supervision order made by the Court of
Appeal is the period ending at the time that
20 the matter has been determined by the court
to which the matter has been remitted.
(4) A charge for an offence against section 40(1)
in relation to an interim extended supervision
order made by the Court of Appeal is to be
25 heard in the court to which the matter has
been remitted and for that purpose any
reference in Part 4 to the court that made the
interim extended supervision order is to be
taken as a reference to the court to which the
30 matter has been remitted.".
561271B.I-15/4/2008 26 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 22
22 Breach of interim extended supervision order and
change of name
In the Serious Sex Offenders Monitoring Act
2005--
5 (a) in the heading to Part 4, after "ORDER"
insert "OR INTERIM EXTENDED
SUPERVISION ORDER";
(b) in section 40(1)--
(i) in subsection (1), after "order" insert
10 "or interim extended supervision
order";
(ii) in subsection (2A), for "the extended
supervision order" substitute "the
order";
15 (c) in section 41, after "order" (wherever
occurring) insert "or interim extended
supervision order";
(d) in section 41B, in the definition of offender,
after "order" insert "or interim extended
20 supervision order";
(e) in section 41D(2)(b), after "order" insert
"or interim extended supervision order";
(f) in the heading to section 41H omit
"extended supervision";
25 (g) for section 41H(a) substitute--
"(a) the extended supervision order or
interim extended supervision order in
respect of the offender is suspended in
any of the circumstances referred to in
30 section 19(1) or 25K(1) (as the case
requires); and";
(h) in section 41I(b), after "order" insert
"or interim extended supervision order".
561271B.I-15/4/2008 27 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 23
23 New section 51 inserted
After section 50 of the Serious Sex Offenders
Monitoring Act 2005 insert--
"51 Transitional provisions--Justice
5 Legislation Amendment Act 2008
(1) The amendments made by sections 15,
16 and 19 of the Justice Legislation
Amendment Act 2008 apply on and after
the commencement of those sections whether
10 the application for an extended supervision
order, renewal of an extended supervision
order or review of an extended supervision
order was made before, on or after that
commencement.
15 (2) Division 4A of Part 2 applies on and after the
commencement of section 17 of the Justice
Legislation Amendment Act 2008 whether
the application for an extended supervision
order or renewal of an extended supervision
20 order referred to in section 25A(1)(a) or (b)
was made before, on or after that
commencement.
(3) Subject to subsection (4), if a grant of bail
was made under section 32(2) before the
25 commencement of section 18 of the Justice
Legislation Amendment Act 2008, that
grant, and any conditions to which the bail
was subject, continue in force on and after
that commencement and the Bail Act 1977
30 applies, with any necessary modifications,
for that purpose.
(4) If--
(a) an application for an extended
supervision order or renewal of an
35 extended supervision order was made
before the commencement of section 18
561271B.I-15/4/2008 28 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 23
of the Justice Legislation Amendment
Act 2008; and
(b) bail was granted under section 32(2)
before that commencement in respect
5 of an adjourned hearing of that
application; and
(c) an interim extended supervision order
is made under Division 4A of Part 2
after that commencement in relation to
10 that application--
the grant of bail referred to in paragraph (b),
and any conditions to which the bail is
subject, cease to have any force on the
coming into force of the interim extended
15 supervision order referred to in
paragraph (c).
(5) Section 39, as substituted by section 20 of
the Justice Legislation Amendment Act
2008, applies on and after the
20 commencement of that section 20 to an
appeal whether the appeal was instituted
before, on or after that commencement.
(6) Section 39A applies on and after the
commencement of section 21 of the Justice
25 Legislation Amendment Act 2008 to an
appeal whether the appeal was instituted
before, on or after that commencement.
(7) The amendments made to Part 4A by
section 22 of the Justice Legislation
30 Amendment Act 2008 apply to any change
of name application received by the
Registrar before the commencement of that
section 22, if the change of name had not
been registered before that commencement.
561271B.I-15/4/2008 29 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 24
(8) The amendments made to the Schedule by
section 24 of the Justice Legislation
Amendment Act 2008 apply on and after
the commencement of that section whether a
5 person was sentenced in respect of a relevant
offence before, on or after that
commencement and accordingly also apply
on and after that commencement with
respect to--
10 (a) an extended supervision order made
before that commencement; and
(b) an application for an extended
supervision order or renewal of an
extended supervision order made but
15 not determined before that
commencement; and
(c) a review of an extended supervision
order initiated but not completed before
that commencement; and
20 (d) an appeal under Part 3 instituted but not
determined before that
commencement.".
24 Extending relevant offences to offences against
adults
25 (1) In the Schedule to the Serious Sex Offenders
Monitoring Act 2005--
(a) in item 1 omit "where the person against
whom the offence is committed is a child";
(b) in the note at the foot of item 1 omit "where
30 the victim is a child";
(c) in item 1A omit "if the person against whom
the offence is committed is a child";
(d) in items 6, 7, 10, 11, 12, 14 and 16 omit
"where the person against whom the offence
35 is committed is a child".
561271B.I-15/4/2008 30 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 25
(2) In the Schedule to the Serious Sex Offenders
Monitoring Act 2005, after item 18 insert--
"19. An offence against section 60AB of the
Crimes Act 1958 (sexual servitude).".
5 (3) In the Schedule to the Serious Sex Offenders
Monitoring Act 2005, after item 20 insert--
"20A. An offence against section 60AD of the
Crimes Act 1958 (deceptive recruiting for
commercial sexual services).".
10 (4) In the Schedule to the Serious Sex Offenders
Monitoring Act 2005--
(a) in items 27 and 28 omit "on a child";
(b) in item 34A omit "where the person against
whom the offence is committed is a child";
15 (c) in item 37 omit ", where the person against
whom the offence is committed is a child".
25 Consequential amendment of other Acts
(1) In section 5(2BA)(a) and (b) and (2BB)(a) of the
Sentencing Act 1991, after "order" insert "or
20 interim extended supervision order".
(2) In the Working with Children Act 2005--
(a) in sections 12(1)(b) and 20(2)(d), after
"order" insert "or interim extended
supervision order";
25 (b) for section 25(2)(d) substitute--
"(d) the person being no longer subject to an
extended supervision order or interim
extended supervision order under the
Serious Sex Offenders Monitoring
30 Act 2005; or";
(c) in sections 33(2)(a)(ii) and 33(2)(b)(ii), after
"supervision order" insert "or interim
extended supervision order".
561271B.I-15/4/2008 31 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 4--Serious Sex Offenders Monitoring Act 2005
s. 25
(3) In the Victims' Charter Act 2006, insert the
following definition in section 3(1)--
"extended supervision order means an extended
supervision order within the meaning of the
5 Serious Sex Offenders Monitoring Act
2005 or an interim extended supervision
order within the meaning of that Act;".
__________________
561271B.I-15/4/2008 32 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 5--Statute law revision and other amendments
s. 26
PART 5--STATUTE LAW REVISION AND OTHER
AMENDMENTS
26 Administration and Probate Act 1958 See:
Act No.
6191.
In section 3(1) of the Administration and Reprint No. 10
5 Probate Act 1958, in the definition of as at
25 September
unregistered domestic partner, in paragraph (a), 2003
for "; or" substitute "; and". and
amending
Act Nos
10/2005 and
18/2005.
LawToday:
www.
legislation.
vic.gov.au
27 Liquor Control Reform Act 1998 See:
Act No.
94/1998.
In section 58CA(3), (4)(b) and (5) of the Liquor Reprint No. 3
10 Control Reform Act 1998, for "late night" as at
5 April 2006
substitute "late hour". and
amending
Act Nos
97/2005,
8/2006,
24/2006,
32/2006,
80/2006,
72/2007,
73/2007,
4/2008 and
9/2008.
LawToday:
www.
legislation.
vic.gov.au
561271B.I-15/4/2008 33 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 5--Statute law revision and other amendments
s. 28
See: 28 Summary Offences Act 1966
Act No.
7405. In section 60AA(1A)(a) of the Summary
Reprint No. 9 Offences Act 1966, after "9(1)(c)" insert ", if the
as at
14 September injury done to the property is under the value
5 2005
and
of $500".
amending
Act Nos
16/2004,
97/2005,
23/2006,
24/2006,
32/2006,
63/2006,
49/2007,
8/2008 and
9/2008.
LawToday:
www.
legislation.
vic.gov.au
__________________
561271B.I-15/4/2008 34 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Part 6--Repeal of Amending Act
s. 29
PART 6--REPEAL OF AMENDING ACT
29 Repeal
This Act is repealed on 1 August 2009.
Note
5 The repeal of this Act does not affect the repeals or amendments
made by it (see section 15(1) of the Interpretation of Legislation
Act 1984).
561271B.I-15/4/2008 35 BILL LA INTRODUCTION 15/4/2008
Justice Legislation Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561271B.I-15/4/2008 36 BILL LA INTRODUCTION 15/4/2008
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