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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Justice Legislation Amendment (Sex Offences
Procedure) Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENT OF CRIMES ACT 1958 3
3 Time limit on certain prosecutions 3
4 New section 612 inserted 4
612 Transitional provision--Justice Legislation
Amendment (Sex Offences Procedure) Act 2008 4
5 Schedule 8 amended--Forensic sample offences 5
PART 3--AMENDMENT OF CRIMES (CRIMINAL TRIALS)
ACT 1999 6
6 Presentment to be filed 6
7 Directions hearing 6
8 New section 35 inserted 7
35 Transitional provision--Justice Legislation
Amendment (Sex Offences Procedure) Act 2008 7
PART 4--AMENDMENT OF EVIDENCE ACT 1958 8
9 Use of recorded evidence-in-chief in certain proceedings 8
10 Evidence of previous representations made by child
complainants 8
11 Alternative arrangements for giving evidence in certain
proceedings by child complainants or complainants with a
cognitive impairment 8
12 Pre-recording evidence at special hearing 9
13 New section 160 inserted 9
160 Transitional provision--Justice Legislation
Amendment (Sex Offences Procedure) Act 2008 9
561167B.I-11/3/2008 i BILL LA INTRODUCTION 11/3/2008
Clause Page
PART 5--AMENDMENT OF MAGISTRATES' COURT
ACT 1989 11
14 Schedule 5 amended 11
PART 6--AMENDMENT OF SENTENCING ACT 1991 12
15 Definitions for purposes of Part 2A 12
16 New section 136 inserted 12
136 Transitional provision--Justice Legislation
Amendment (Sex Offences Procedure) Act 2008 12
17 Schedule 1 amended--Serious offender offences 13
PART 7--AMENDMENT OF SEX OFFENDERS
REGISTRATION ACT 2004 14
18 Length of reporting period 14
19 New section 73C inserted 14
73C Transitional provision--Justice Legislation
Amendment (Sex Offences Procedure) Act 2008 14
PART 8--REPEAL OF AMENDING ACT 15
20 Repeal of Act 15
ENDNOTES 16
561167B.I-11/3/2008 ii BILL LA INTRODUCTION 11/3/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Amendment (Sex
Offences Procedure) Bill 2008
A Bill for an Act to amend the Crimes Act 1958, the Crimes
(Criminal Trials) Act 1999, the Evidence Act 1958, the
Magistrates' Court Act 1989, the Sentencing Act 1991 and the Sex
Offenders Registration Act 2004 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend the following
Acts in relation to a legal proceeding that relates
5 (wholly or partly) to a charge for a sexual
offence--
(a) the Crimes Act 1958;
(b) the Crimes (Criminal Trials) Act 1999;
(c) the Evidence Act 1958;
561167B.I-11/3/2008 1 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 1--Preliminary
s. 2
(d) the Magistrates' Court Act 1989;
(e) the Sentencing Act 1991;
(f) the Sex Offenders Registration Act 2004.
2 Commencement
5 (1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2008, it comes into
operation on that day.
__________________
561167B.I-11/3/2008 2 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 2--Amendment of Crimes Act 1958
s. 3
PART 2--AMENDMENT OF CRIMES ACT 1958
3 Time limit on certain prosecutions
(1) In section 359A(1)(a) of the Crimes Act 1958 See:
Act No. 6231.
omit "(if the complainant was under the age of 16 Reprint No. 19
5 at the time of the alleged offence)". as at
1 December
2006 and
(2) After section 359A(2) of the Crimes Act 1958 amending
insert-- Act Nos
16/2004,
"(2AA) The trial of a person that relates (wholly or 97/2005,
23/2006,
partly) to a charge for a sexual offence in 48/2006,
10 relation to which the complainant was a child 50/2006,
50/2007,
or a person who had a cognitive impairment 32/2007 and
at the time at which the legal proceeding 57/2007.
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commenced, must commence, and the jury www.
must be empanelled, not more than three legislation.
vic.gov.au
15 months after the person is directed to be tried
or the person is charged on indictment or
presentment with the alleged offence.
Notes
1 See section 41G of the Evidence Act 1958
20 regarding the requirement to hold a special
hearing.
2 See section 26 of the Magistrates' Court Act
1989 in relation to the commencement of a
proceeding.
25 (2AAB) The court may grant an extension of the
period referred to in subsection (2AA) if the
court is satisfied that it is in the interests of
justice to do so.
(2AAC) The court may grant an extension of the
30 period referred to in subsection (2AA)
whether or not the time has expired, being an
extension for a period not exceeding three
months.".
561167B.I-11/3/2008 3 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 2--Amendment of Crimes Act 1958
(3) In sections 359A(2A), 359A(3) and 359A(4) of
the Crimes Act 1958 after "subsection (2)" insert
"or (2AA)".
(4) After section 359A(5) of the Crimes Act 1958
5 insert--
"(6) For the purposes of subsection (2AA),
sexual offence means an offence under
Subdivision (8A), (8B), (8C), (8D) or (8E) of
Division 1 of Part I or under any
10 corresponding previous enactment or an
attempt to commit any such offence or an
assault with intent to commit any such
offence.".
4 New section 612 inserted
15 At the end of Part 7 of the Crimes Act 1958
insert--
"612 Transitional provision--Justice
Legislation Amendment (Sex Offences
Procedure) Act 2008
20 The amendments made to this Act by
section 3 of the Justice Legislation
Amendment (Sex Offences Procedure)
Act 2008--
(a) apply to any legal proceeding that
25 commences before or after the
commencement of section 3,
irrespective of when the offence to
which the proceeding relates is alleged
to have been committed; but
30 (b) do not apply to any legal proceeding
that commenced before the
commencement of section 3 if, before
the commencement of section 3, the
accused had been committed for trial or
35 charged on indictment or presentment
561167B.I-11/3/2008 4 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 2--Amendment of Crimes Act 1958
s. 5
with the offence to which the
proceeding relates.".
5 Schedule 8 amended--Forensic sample offences
In Schedule 8 to the Crimes Act 1958--
5 (a) after item 7(a) insert--
"(ab) section 38A (compelling sexual
penetration);";
(b) in item 7(k), for "residents of residential
facilities" substitute "persons with a
10 cognitive impairment by providers of special
programs";
(c) in item 7(p), omit "under the age of 16".
__________________
561167B.I-11/3/2008 5 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 3--Amendment of Crimes (Criminal Trials) Act 1999
s. 6
PART 3--AMENDMENT OF CRIMES (CRIMINAL TRIALS)
ACT 1999
6 Presentment to be filed
See: In section 4(2)(aa) of the Crimes (Criminal
Act No.
5 35/1999 and Trials) Act 1999, for "7 days" substitute
amending "14 days".
Act Nos
53/2000,
18/2005,
2/2006 and
50/2006.
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7 Directions hearing
(1) In section 5(2) of the Crimes (Criminal Trials)
Act 1999, for "At the beginning" substitute
10 "Except in the case of a trial referred to in
subsection (4)(ba), at the beginning".
(2) After section 5(2) of the Crimes (Criminal
Trials) Act 1999 insert--
"(2A) At a directions hearing in the case of a trial
15 referred to in subsection (4)(ba), each count
in the presentment may be read to the
accused and the accused asked to plead to
that count.".
(3) In section 5(4)(ba) of the Crimes (Criminal
20 (Trials) Act 1999 for "is a child or a person with
a cognitive impairment" substitute "was a child
or a person who had a cognitive impairment at the
time at which the legal proceeding commenced".
561167B.I-11/3/2008 6 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 3--Amendment of Crimes (Criminal Trials) Act 1999
s. 8
8 New section 35 inserted
At the end of Part 5 of the Crimes (Criminal
Trials) Act 1999 insert--
"35 Transitional provision--Justice
5 Legislation Amendment (Sex Offences
Procedure) Act 2008
The amendments made to this Act by
sections 6 and 7 of the Justice Legislation
Amendment (Sex Offences Procedure) Act
10 2008--
(a) apply to any legal proceeding that
commences before or after the
commencement of those provisions,
irrespective of when the offence to
15 which the proceeding relates is alleged
to have been committed; but
(b) do not apply to any legal proceeding
that commenced before the
commencement of those provisions if,
20 before that commencement, the accused
had been committed for trial or charged
on indictment or presentment with the
offence to which the proceeding
relates.".
__________________
561167B.I-11/3/2008 7 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 4--Amendment of Evidence Act 1958
s. 9
PART 4--AMENDMENT OF EVIDENCE ACT 1958
9 Use of recorded evidence-in-chief in certain
proceedings
See: After section 37B(3) of the Evidence Act 1958
Act No. 6246.
5 Reprint No. 15 insert--
as at 1
September "(3A) The admissibility of the recording of the
2006 and
amending
evidence of a person under the age of 18 is
Act Nos not affected only because the person attains
97/2005,
2/2006,
the age of 18 years before the evidence is
10 48/2006 and presented in a proceeding.".
76/2006.
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10 Evidence of previous representations made by child
complainants
(1) In section 41D(1) of the Evidence Act 1958 omit
"who is under 17 years of age and".
15 (2) In section 41D(5) of the Evidence Act 1958, after
"subsection (1)" insert "for the purpose referred to
in subsection (4)(a)".
11 Alternative arrangements for giving evidence in
certain proceedings by child complainants or
20 complainants with a cognitive impairment
In section 41E(1) of the Evidence Act 1958--
(a) in paragraph (c), for "him or her." substitute
"him or her;";
(b) after paragraph (c) insert--
25 "(d) permitting only persons specified by
the court to be present while the
witness is giving evidence.".
561167B.I-11/3/2008 8 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 4--Amendment of Evidence Act 1958
s. 12
12 Pre-recording evidence at special hearing
(1) In section 41G(2) of the Evidence Act 1958, for
"child complainant or of a complainant with a
cognitive impairment" substitute "complainant
5 who was a child or who had a cognitive
impairment at the time at which the proceeding
was commenced".
(2) In section 41G(4)(a) of the Evidence Act 1958,
for "21 days" substitute "3 months".
10 (3) At the foot of section 41G(4) of the Evidence Act
1958 insert--
"Note
See section 359A of the Crimes Act 1958 regarding time
limits on certain prosecutions.".
15 13 New section 160 inserted
After section 159 of the Evidence Act 1958
insert--
"160 Transitional provision--Justice
Legislation Amendment (Sex Offences
20 Procedure) Act 2008
(1) The amendments made to this Act by
sections 9, 10 and 11 of the Justice
Legislation Amendment (Sex Offences
Procedure) Act 2008 apply to a proceeding
25 for an offence that is commenced on or after
the commencement of those provisions,
irrespective of when the offence to which the
proceeding relates is alleged to have been
committed.
30 (2) The amendments made to this Act by
section 12 of the Justice Legislation
Amendment (Sex Offences Procedure)
Act 2008--
561167B.I-11/3/2008 9 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 4--Amendment of Evidence Act 1958
s. 13
(a) apply to any legal proceeding that
commences before or after the
commencement of section 12,
irrespective of when the offence to
5 which the proceeding relates is alleged
to have been committed; but
(b) do not apply to any legal proceeding
that commenced before the
commencement of section 12 if, before
10 the commencement of section 12, the
accused had been committed for trial or
charged on indictment or presentment
with the offence to which the
proceeding relates.".
__________________
561167B.I-11/3/2008 10 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
PArt 5--Amendment of Magistrates' Court Act 1989
s. 14
PART 5--AMENDMENT OF MAGISTRATES' COURT
ACT 1989
14 Schedule 5 amended
For clause 11A(b) of Schedule 5 to the See:
Act No.
5 Magistrates' Court Act 1989 substitute-- 51/1989.
Reprint No. 13
"(b) was a child or a person with a cognitive as at
15 August
impairment at the time at which the 2007
proceeding was commenced; and". and
amending
Act Nos
77/2004,
51/2006,
50/2007,
52/2007 and
53/2007.
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__________________
561167B.I-11/3/2008 11 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 6--Amendment of Sentencing Act 1991
s. 15
PART 6--AMENDMENT OF SENTENCING ACT 1991
15 Definitions for purposes of Part 2A
See: In the definition of serious sexual offender in
Act No.
49/1991. section 6B(2) of the Sentencing Act 1991, after
5 Reprint No. 10
as at
paragraph (a) insert--
23 April 2007
and
"(ab) who has been convicted of an offence to
amending which clause 1(a)(viii) of Schedule 1 applies
Act Nos
97/2005,
for which he or she has been sentenced to a
23/2006, term of imprisonment or detention in a youth
24/2006 and
10 56/2007.
justice centre; or".
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16 New section 136 inserted
At the end of Part 12 of the Sentencing Act 1991
insert--
"136 Transitional provision--Justice
15 Legislation Amendment (Sex Offences
Procedure) Act 2008
(1) The amendment made to this Act by
section 15 of the Justice Legislation
Amendment (Sex Offences Procedure)
20 Act 2008 applies to a sentence imposed in
respect of an offence alleged to have been
committed on or after that commencement.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
25 between two dates, one before and one after
the commencement of section 15 of the
Justice Legislation Amendment (Sex
Offences Procedure) Act 2008, the offence
is alleged to have been committed before that
30 commencement.
561167B.I-11/3/2008 12 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 6--Amendment of Sentencing Act 1991
s. 17
17 Schedule 1 amended--Serious offender offences
In item 1(a)(viiib) of Schedule 1 to the
Sentencing Act 1991, after "with 16" insert
"or 17".
__________________
561167B.I-11/3/2008 13 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 7--Amendment of Sex Offenders Registration Act 2004
s. 18
PART 7--AMENDMENT OF SEX OFFENDERS
REGISTRATION ACT 2004
18 Length of reporting period
See: (1) In section 34(1)(b)(i) of the Sex Offenders
Act No.
5 56/2004. Registration Act 2004, after "Class 1 offence"
Reprint No. 2 insert "(other than an offence referred to in item 2
as at 1
December of Schedule 1)".
2006 and
amending (2) After section 34(1)(c)(i) of the Sex Offenders
Act Nos
24/2006,
Registration Act 2004 insert--
48/2006,
10 28/2007 and "(ia) has ever been found guilty of a single
52/2007. offence referred to in item 2 of Schedule 1;
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19 New section 73C inserted
After section 73B of the Sex Offenders
15 Registration Act 2004 insert--
"73C Transitional provision--Justice
Legislation Amendment (Sex Offences
Procedure) Act 2008
(1) The amendments made to this Act by
20 section 18 of the Justice Legislation
Amendment (Sex Offences Procedure) Act
2008 apply to a person who is sentenced for
a registrable offence on or after the
commencement of that section.
25 (2) For the purposes of subsection (1), a
sentence imposed by an appellate court on
setting aside a sentencing order must be
taken to have been imposed at the time the
original sentencing order was made.".
__________________
561167B.I-11/3/2008 14 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Part 8--Repeal of Amending Act
s. 20
PART 8--REPEAL OF AMENDING ACT
20 Repeal of Act
This Act is repealed on 1 July 2009.
Note
5 The repeal of this Act does not affect the amendments made by it
(see section 15(1) of the Interpretation of Legislation Act 1984).
561167B.I-11/3/2008 15 BILL LA INTRODUCTION 11/3/2008
Justice Legislation Amendment (Sex Offences Procedure) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561167B.I-11/3/2008 16 BILL LA INTRODUCTION 11/3/2008
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