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PARLIAMENT OF VICTORIA
Sentencing (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF SENTENCING ACT 1991 3
3. Principal Act 3
4. Sentencing guidelines 3
5. Hospital security orders 3
6. Time held in custody before trial etc. to be deducted from
hospital security order 4
7. PERIN fine cannot be converted to CBO except in open court 4
8. Only fines up to $10 000 may be converted to CBO 5
9. Electronic issue of certain warrants 6
10. Applicant for compensation order 7
11. Correction of cross-reference 8
12. New penalty scale 8
13. Amendments consequential on new penalty scale 8
14. Fine not alternative to imprisonment for level 2 offence 9
15. Maximum fines, etc. for certain common law offences 9
16. Classification of offences as indictable or summary 9
17. Maximum term of imprisonment for summary offence 9
18. New section 113D inserted 10
113D. Increased maximum fine for body corporate 10
19. Transitional provisions 10
20. New section 119 inserted 11
119. Transitional provisions (Sentencing (Amendment) Act
1997) 11
21. Serious offender offences 12
PART 3--AMENDMENT OF CRIMES ACT 1958 13
22. Alteration of maximum penalties 13
23. Penalties for attempt 14
24. Appeal by DPP against sentence made less severe on account of
undertaking to assist law enforcement authorities 15
i
531231B.A1-10/10/97
Clause Page
25. New section 586 inserted 17
586. Transitional provisions (Sentencing (Amendment) Act
1997) 17
PART 4--AMENDMENT OF MAGISTRATES' COURT ACT 1989 18
26. Legal representation 18
27. Indictable offences triable summarily 18
28. Electronic issue of certain warrants 18
29. New Subdivision 4 inserted in Division 4 of Part 4 21
Subdivision 4--Appeal to Court of Appeal under section
567A(1A) of Crimes Act 1958 21
92A. Appeals under section 567A(1A) of Crimes Act 1958 21
NOTES 23
ii
531231B.A1-10/10/97
PARLIAMENT OF VICTORIA
Initiated in Assembly 16 September 1997
As amended by Assembly 9 October 1997
A BILL
to amend the Sentencing Act 1991, the Crimes Act 1958 and the
Magistrates' Court Act 1989 and for other purposes.
Sentencing (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purposes of this Act are to--
(a) enable the Director of Public Prosecutions to
5 appeal against the sentence imposed on an
offender given a less severe sentence on
account of an undertaking to assist law
enforcement authorities in the investigation
1
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Sentencing (Amendment) Act 1997
s. 2
Act No.
or prosecution of an offence and who then
fails to do so;
(b) introduce a new penalty scale for offences
punishable by a fine and restrict the
5 circumstances in which a fine may be
imposed instead of imprisonment;
(c) render bodies corporate liable to a maximum
fine for an offence against the Crimes Act
1958 of five times the maximum to which
10 natural persons are liable;
(d) impose a limit on the maximum fine for
certain common law offences and enable
common law offences to be punished by a
community-based order;
15 (e) prevent any part of a fine in excess of
$10 000 being converted to a community-
based order;
(f) ensure that only a court can convert to a
community-based order a fine imposed on
20 the hearing of a PERIN matter referred to the
Magistrates' Court in certain circumstances.
2. Commencement
(1) This Act (except sections 7, 8, 17, 19 and 21)
comes into operation on the day on which it
25 receives the Royal Assent.
(2) Sections 17, 19 and 21 are deemed to have come
into operation on 1 September 1997.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
30 day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 July 1998, it
comes into operation on that day.
_______________
35
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Sentencing (Amendment) Act 1997
s. 3
Act No.
PART 2--AMENDMENT OF SENTENCING ACT 1991
3. Principal Act
No. 49/1991.
In this Part, the Sentencing Act 1991 is called the
Reprint No. 3
Principal Act. as at 1
September
1997. Further
amended by
No. 48/1997.
5 4. Sentencing guidelines
In section 5 of the Principal Act, after sub-section
(2AA) insert--
"(2AB) If, in sentencing an offender, a court imposes
a less severe sentence than it would
10 otherwise have imposed because of an
undertaking given by the offender to assist,
after sentencing, law enforcement authorities
in the investigation or prosecution of an
offence, the court must announce that it is
15 doing so and cause to be noted in the records
of the court the fact that the undertaking was
given and its details.
(2AC) Nothing in sub-section (2AB) requires a
court to state the sentence that it would have
20 imposed but for the undertaking that was
given.".
5. Hospital security orders
In section 7 of the Principal Act, after paragraph
(a) insert--
25 "(aab) subject to Part 5, record a conviction and
order that the offender be admitted to and
detained in an approved mental health
3
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Sentencing (Amendment) Act 1997
s. 6
Act No.
service as a security patient (a hospital
security order); or".
6. Time held in custody before trial etc. to be deducted
from hospital security order
5 (1) In section 18(1) of the Principal Act--
(a) after "term of imprisonment" insert ", or to a
period of detention in an approved mental
health service under a hospital security
order,";
10 (b) after "period of imprisonment" insert "or
detention".
(2) In section 18(2) of the Principal Act--
(a) in paragraph (b), after "imprisonment" insert
"or period of detention in an approved
15 mental health service";
(b) in paragraph (d), after "or detention" (where
secondly occurring) insert "or hospital
security order".
(3) In section 18(5) of the Principal Act, after
20 "imprisonment" insert "or detention".
(4) In section 35(2)(c) of the Principal Act, after "or
imprisonment" (where secondly occurring) insert
"or hospital security order".
7. PERIN fine cannot be converted to CBO except in
25 open court
(1) In section 55 of the Principal Act, at the end of the
section insert--
"(2) An offender may not apply under sub-section
(1)(d) if the fine was imposed in respect of
30 an offence heard and determined by the
Magistrates' Court as a result of the
revocation of an enforcement order within
the meaning of, or the making of an
4
531231B.A1-10/10/97
Sentencing (Amendment) Act 1997
s. 8
Act No.
application under clause 10(6) of, Schedule 7
to the Magistrates' Court Act 1989.
(3) An offender on whom a fine referred to in
sub-section (2) has been imposed may, at
5 any time before the commencement of a
hearing under section 62(10), apply to the
Magistrates' Court constituted by a
magistrate for a community-based order
requiring him or her to perform unpaid
10 community work as directed by the Regional
Manager for a number of hours fixed in
accordance with section 63(2).
(4) On an application under sub-section (3), the
Magistrates' Court may--
15 (a) make one or more orders of a kind
referred to in sub-section (1); or
(b) confirm any order then in force.".
(2) In section 62 of the Principal Act, after sub-
section (12) insert--
20 "(13) Despite anything to the contrary in this
section, neither sub-section (1) nor (7)(b)
operate to allow a person to consent to the
making of a community-based order if the
fine was imposed in respect of an offence
25 heard and determined by the Magistrates'
Court as a result of the revocation of an
enforcement order within the meaning of, or
the making of an application under clause
10(6) of, Schedule 7 to the Magistrates'
30 Court Act 1989.".
8. Only fines up to $10 000 may be converted to CBO
(1) In section 55 of the Principal Act--
(a) after "court for" insert "one or more of the
following";
5
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s. 9
Act No.
(b) in paragraph (d), at the beginning of the
paragraph insert "if the amount of the fine is
not more than $10 000 or, if it is, for a part
of it up to $10 000,".
5 (2) In section 62(1) of the Principal Act, after
"unless" insert ", where the amount of the fine or
instalment remaining unpaid is not more than
$10 000,".
(3) In section 62(7) of the Principal Act, at the
10 beginning of paragraph (b) insert "if the amount
of the fine or instalment remaining unpaid is not
more than $10 000,".
(4) In section 62(10) of the Principal Act, after "it
may" insert "do one or more of the following".
15 (5) In section 62 of the Principal Act, after sub-
section (10) insert--
"(10AA) A court cannot make an order under this
Division in respect of a fine that would result
in an offender performing unpaid community
20 work in respect of more than $10 000 of the
amount of the fine.".
(6) In section 63(2) of the Principal Act, after
"remaining unpaid" insert "up to $10 000".
9. Electronic issue of certain warrants
25 In section 62 of the Principal Act, after sub-
section (2) insert--
"(2A) A warrant to arrest to be directed to the
sheriff may be issued, not in paper form, but
by the proper officer signing a document
30 containing the following particulars in
relation to persons against whom a warrant is
to be issued under sub-section (1) and
causing those particulars to be transferred
electronically to the sheriff in accordance
35 with the regulations, if any:
6
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Sentencing (Amendment) Act 1997
s. 10
Act No.
(a) the name of the person in default;
(b) the type of warrant;
(c) the amount of the fine or instalment
remaining unpaid;
5 (d) the date of issue of the warrant;
(e) the name of the proper officer signing
the document;
(f) any other particulars that are
prescribed.
10 (2B) A warrant issued in accordance with sub-
section (2A)--
(a) directs and authorises the sheriff to do
all things that he or she would have
been directed and authorised to do if a
15 warrant containing the particulars
referred to in sub-section (2A) and
directed to the sheriff had been issued
in paper form under sub-section (1) by
the proper officer;
20 (b) must not be amended, altered or varied
after its issue, unless the amendment,
alteration or variation is authorised by
or under this or any other Act.".
10. Applicant for compensation order
25 In section 86(5)(b)(ii) of the Principal Act--
(a) omit "(if the sentencing court was the
Supreme Court or the County Court)";
(b) for "or the informant" substitute "or (if the
sentencing court was the Magistrates' Court)
30 the informant";
(c) omit "(if the sentencing court was the
Magistrates' Court)".
7
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Sentencing (Amendment) Act 1997
s. 11
Act No.
11. Correction of cross-reference
In section 93(4) of the Principal Act, for "12"
substitute "11".
12. New penalty scale1
5 For Table 2 in section 109(2) of the Principal Act
substitute--
"TABLE 2
Column 1 Column 2
Level Maximum Fine
1 --
2 3000 penalty units
3 2400 penalty units
4 1800 penalty units
5 1200 penalty units
6 600 penalty units
7 240 penalty units
8 120 penalty units
9 60 penalty units
10 10 penalty units
11 5 penalty units
12 1 penalty unit.".
13. Amendments consequential on new penalty scale
(1) In column 1 of Table 3 in section 109(3) of the
10 Principal Act--
8
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Sentencing (Amendment) Act 1997
s. 14
Act No.
(a) for "3 years or more" substitute "More than
2 years";
(b) omit "or more but less than 3".
(2) In column 1 of Table 4 in section 109(4) of the
5 Principal Act--
(a) for "360 penalty units or more" substitute
"More than 240 penalty units";
(b) omit "'or more but less than 360".
14. Fine not alternative to imprisonment for level 2
10 offence
(1) In section 109(3) of the Principal Act, for "An
offence" substitute "Subject to sub-section (3A),
an offence".
(2) In section 109 of the Principal Act, after sub-
15 section (3) insert--
"(3A) An offence that is punishable by level 2
imprisonment is, unless the contrary
intention appears, punishable (in addition to
but not instead of imprisonment) by a level 2
20 fine if the offender is not a body corporate.".
(3) In section 109(4) of the Principal Act, after
"punishable by a fine" insert "(including an
offence referred to in sub-section (3A))".
15. Maximum fines, etc. for certain common law offences
25 In section 109(3) and (4) of the Principal Act,
omit "against an Act, subordinate instrument or
local law".
16. Classification of offences as indictable or summary
In section 112(1) of the Principal Act, omit "level
30 1, 2, 3, 4, 5, 6, 7 or 8".
17. Maximum term of imprisonment for summary offence
9
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Sentencing (Amendment) Act 1997
s. 18
Act No.
In section 113A(1) of the Principal Act, after
"summary offence" insert "punishable, but for
this section, by a term of imprisonment of more
than 2 years".
5 18. New section 113D inserted
After section 113C of the Principal Act insert--
113D. Increased maximum fine for body
corporate
(1) If a body corporate is found guilty of an
10 offence against the Crimes Act 1958 and the
court has power to fine the body corporate, it
may, unless the contrary intention appears,
impose on the body corporate a fine not
greater than 5 times the amount of the
15 maximum fine that could be imposed by the
court on a natural person found guilty of the
same offence committed at the same time.
(2) This section has effect despite anything to
the contrary in this Act and despite the
20 prescription of a maximum fine for the
offence applicable to all offenders.".
19. Transitional provisions
In section 118 of the Principal Act, after sub-
section (3) insert--
25 "(3A) The amendment of section 68 of the Crimes
Act 1958 made by item 45(a) of Schedule 1
to the Sentencing and Other Acts
(Amendment) Act 1997 effecting a change
from summary to indictable in the nature of
30 an offence against that section applies only
to offences alleged to have been committed
after the commencement of that Schedule.
(3B) The amendment of section 70D(1) of the
Crimes Act 1958 made by item 51 of
10
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Sentencing (Amendment) Act 1997
s. 20
Act No.
Schedule 1 to the Sentencing and Other
Acts (Amendment) Act 1997 effecting a
change from indictable to indictable triable
summarily in the nature of an offence against
5 that section applies to a proceeding for an
offence that is commenced after the
commencement of that Schedule,
irrespective of when the offence to which the
proceeding relates is alleged to have been
10 committed.
(3C) The amendments of sections 91 and 343 of
the Crimes Act 1958 made by items 67(a)
and 99 of Schedule 1 to the Sentencing and
Other Acts (Amendment) Act 1997
15 effecting a change from indictable to
summary in the nature of an offence against
those sections apply to a proceeding for an
offence that is commenced after the
commencement of that Schedule,
20 irrespective of when the offence to which the
proceeding relates is alleged to have been
committed.
(3D) For the purposes of sub-section (3A), if an
offence is alleged to have been committed
25 between two dates and Schedule 1 to the
Sentencing and Other Acts (Amendment)
Act 1997 commences on a date between
those two dates, the offence is alleged to
have been committed before the
30 commencement of that Schedule.".
20. New section 119 inserted
After section 118 of the Principal Act insert--
"119. Transitional provisions (Sentencing
(Amendment) Act 1997)
35 (1) An amendment of this Act made by a
provision of section 4, 6, 7 or 8 of the
11
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Sentencing (Amendment) Act 1997
s. 21
Act No.
Sentencing (Amendment) Act 1997 applies
to a sentence imposed after the
commencement of that provision,
irrespective of when the offence was
5 committed and, for this purpose, 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.
10 (2) An amendment of this Act made by a
provision of section 14, 15 or 18 of the
Sentencing (Amendment) Act 1997 applies
only to offences alleged to have been
committed after the commencement of that
15 provision.
(3) For the purposes of sub-section (2), if an
offence is alleged to have been committed
between two dates and the provision of the
Sentencing (Amendment) Act 1997
20 effecting the amendment commences on a
date between those two dates, the offence is
alleged to have been committed before the
commencement of that provision.".
21. Serious offender offences
25 In clauses 1(a), (b), (c) and (d), 2(c) and (d) and
3(b) and (c) of Schedule 1 to the Principal Act,
after "offence against" insert ", or for which the
penalty or the maximum or minimum penalty is
fixed by,".
30 _______________
12
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Sentencing (Amendment) Act 1997
s. 22
Act No.
PART 3--AMENDMENT OF CRIMES ACT 1958
22. Alteration of maximum penalties2
No. 6231.
(1) In the penalty set out at the foot of section 29(1)
Reprint No. 13
of the Crimes Act 1958, after "level 5 fine" insert as at 5 June
5 "(1200 penalty units maximum)". 1997. Further
amended by
(2) For the penalty set out at the foot of section 56(2) Nos. 66/1996,
26/1997,
of the Crimes Act 1958 substitute "Penalty: 30/1997,
Level 6 imprisonment (5 years maximum)". 44/1997 and
48/1997.
(3) In the penalty set out at the foot of section 60(1)
10 of the Crimes Act 1958, for "level 11 fine"
substitute "level 8 fine (120 penalty units
maximum)".
(4) In section 60B(2) of the Crimes Act 1958, for
"level 11 fine" substitute "level 8 fine (120
15 penalty units maximum)".
(5) In section 89 of the Crimes Act 1958, for "level
13 fine" substitute "level 11 fine (5 penalty units
maximum)".
(6) In the penalty set out at the foot of section 248(1),
20 (2) and (3) of the Crimes Act 1958, after "level 5
fine" insert "(1200 penalty units maximum)".
(7) In the penalty set out at the foot of section
317A(1) and (2) of the Crimes Act 1958, for
"level 7 fine" substitute "level 6 fine (600 penalty
25 units maximum)".
(8) In section 321C(2)(b) of the Crimes Act 1958, for
"level 7 fine" substitute "level 6 fine (600 penalty
units maximum)".
(9) In section 321I(2)(b) of the Crimes Act 1958, for
30 "level 7 fine" substitute "level 6 fine (600 penalty
units maximum)".
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Sentencing (Amendment) Act 1997
s. 23
Act No.
(10) For the penalty set out at the foot of section
343(1) of the Crimes Act 1958, substitute
"Penalty: Level 9 fine (60 penalty units
maximum)".
5 (11) In section 415(1) and (1A) of the Crimes Act
1958, for "level 13 fine" substitute "fine not
exceeding 5 penalty units".
(12) In section 443A(3) of the Crimes Act 1958, for
"an offence against this Act and liable to a level
10 12 fine" substitute "a summary offence and liable
to a level 10 fine (10 penalty units maximum)".
(13) In section 456AA(3) and (5) of the Crimes Act
1958, for "level 13 fine" substitute "level 11 fine
(5 penalty units maximum)".
15 (14) In section 464O(7) of the Crimes Act 1958, for
"level 12 fine" substitute "level 10 fine (10
penalty units maximum)".
(15) In section 464ZG(8) and (9) of the Crimes Act
1958, for "level 10 imprisonment or a level 10
20 fine" substitute "level 8 imprisonment (1 year
maximum) or a level 8 fine (120 penalty units
maximum)".
23. Penalties for attempt3
For the Table in section 321P(1)(a) of the Crimes
25 Act 1958 substitute--
"TABLE
Column 1 Column 2
Level 1 imprisonment Level 2 imprisonment
(life) (25 years maximum)
Level 2 imprisonment Level 3 imprisonment
(25 years maximum) (20 years maximum)
Level 2 fine (3000 penalty Level 3 fine (2400 penalty
units maximum) units maximum)
Level 3 imprisonment Level 4 imprisonment
14
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Sentencing (Amendment) Act 1997
s. 23
24
Act No.
Column 1 Column 2
(20 years maximum) (15 years maximum)
Level 3 fine (2400 penalty Level 4 fine (1800 penalty
units maximum) units maximum)
Level 4 imprisonment Level 5 imprisonment
(15 years maximum) (10 years maximum)
Level 4 fine (1800 penalty Level 5 fine (1200 penalty
units maximum) units maximum)
Level 5 imprisonment Level 6 imprisonment
(10 years maximum) (5 years maximum)
Level 5 fine (1200 penalty Level 6 fine (600 penalty
units maximum) units maximum)
Level 6 imprisonment Level 7 imprisonment
(5 years maximum) (2 years maximum)
Level 6 fine (600 penalty Level 7 fine (240 penalty
units maximum) units maximum)
Level 7 imprisonment Level 8 imprisonment
(2 years maximum) (1 year maximum)
Level 7 fine (240 penalty Level 8 fine (120 penalty
units maximum) units maximum)
Level 8 imprisonment Level 9 imprisonment
(1 year maximum) (6 months maximum)
Level 8 fine (120 penalty Level 9 fine (60 penalty
units maximum) units maximum)
Level 9 imprisonment Level 10 fine (10 penalty
(6 months maximum) units maximum)
Level 9 fine (60 penalty Level 10 fine (10 penalty
units maximum) units maximum)
Level 10 fine (10 penalty Level 11 fine (5 penalty
units maximum) units maximum)
Level 11 fine (5 penalty Level 12 fine (1 penalty
units maximum) unit maximum)
Level 12 fine (1 penalty Level 12 fine (1 penalty
unit maximum) unit maximum)
."
24. Appeal by DPP against sentence made less severe on
account of undertaking to assist law enforcement
authorities
15
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Sentencing (Amendment) Act 1997
Act No.
(1) In section 567A of the Crimes Act 1958, after
sub-section (1) insert--
"(1A) Without limiting any right of appeal under
sub-section (1), the Director of Public
5 Prosecutions, on behalf of Her Majesty, may
appeal to the Court of Appeal against the
sentence passed on a person convicted on
indictment or of an indictable offence heard
and determined summarily by the
10 Magistrates' Court under section 53(1) of the
Magistrates' Court Act 1989 if--
(a) that sentence was of lesser severity
because of an undertaking given by that
person to assist, after sentencing, law
15 enforcement authorities in the
investigation or prosecution of an
offence, whether or not proceedings for
that offence had been commenced at
the time of sentencing; and
20 (b) the Director of Public Prosecutions
considers that that person has failed
wholly or partly to fulfil the
undertaking.
(1B) An appeal under sub-section (1A) may be
25 brought at any time and whether or not the
sentence has been served.".
(2) In section 567A(2) of the Crimes Act 1958, after
"(1)" insert "or (1A)".
(3) In section 567A(3) of the Crimes Act 1958, after
30 "appeal" insert "under sub-section (1)".
(4) In section 567A(4) of the Crimes Act 1958, for
"under this section" substitute "under sub-section
(1)".
(5) In section 567A of the Crimes Act 1958, after
35 sub-section (4) insert--
16
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Sentencing (Amendment) Act 1997
s. 25
Act No.
"(4A) On an appeal under sub-section (1A) the
Court of Appeal may, if it thinks that the
respondent has failed wholly or partly to
fulfil the undertaking, quash the sentence
5 passed and pass such other sentence
warranted in law as it thinks fit.".
25. New section 586 inserted
At the end of Part 7 of the Crimes Act 1958
insert--
10 "586. Transitional provisions (Sentencing
(Amendment) Act 1997)
(1) The amendment of section 443A(3) made by
section 22(12) of the Sentencing
(Amendment) Act 1997 effecting a change
15 from indictable to summary in the nature of
an offence against that section applies to a
proceeding for an offence that is commenced
after the commencement of section 22(12) of
that Act, irrespective of when the offence to
20 which the proceeding relates is alleged to
have been committed.
(2) The amendments of section 567A made by
section 24 of the Sentencing (Amendment)
Act 1997 apply to appeals against sentences
25 passed after the commencement of section
24 of that Act, irrespective of when the
offence was committed.
(3) For the purposes of sub-section (2) a
sentence passed by an appellate court on
30 setting aside a sentencing order must be
taken to have been passed at the time the
original sentencing order was made.".
_______________
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Sentencing (Amendment) Act 1997
s. 26
Act No.
PART 4--AMENDMENT OF MAGISTRATES' COURT ACT
1989
26. Legal representation
No. 51/1989. (1) In section 38 of the Magistrates' Court Act
Reprint No. 4
5 1989, at the end of paragraph (c) insert--
as at 1 August
1997. Further
"; or
amended by
Nos. 63/1995,
(d) if the proceeding was commenced by the
66/1996,
4/1997, filing by a prescribed person or a member of
26/1997, and
a prescribed class of persons of a charge
48/1997.
10 under section 18W(1), 26(1), 31(1), 47(1) or
79(1) of the Sentencing Act 1991, by any
other prescribed person or any other member
of the prescribed class of persons within the
meaning of that Act.".
15 (2) Until the commencement of sections 13(2)(b) and
19(2)(b) of the Sentencing and Other Acts
(Amendment) Act 1997, section 38 of the
Magistrates' Court Act 1989 has effect as if at
the end of paragraph (c) there were inserted--
20 "; or
(ca) if the proceeding was commenced by the
filing by a community corrections officer of
a charge under section 26(1) or 47(1) of the
Sentencing Act 1991, by any other
25 community corrections officer.".
27. Indictable offences triable summarily
In section 53(1A) of the Magistrates' Court Act
1989, omit "by level 5, 6, 7 or 8".
28. Electronic issue of certain warrants
30 (1) In section 69 of the Magistrates' Court Act
1989, after sub-section (3) insert--
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Sentencing (Amendment) Act 1997
s. 28
Act No.
"(3A) A warrant to imprison under section 68(b) to
be directed to the sheriff may be issued, not
in paper form, but by a magistrate or
registrar signing a document containing the
5 following particulars in relation to persons
against whom a warrant is to be issued under
that section and causing those particulars to
be transferred electronically to the sheriff in
accordance with the regulations, if any:
10 (a) the name of the person in default;
(b) the type of warrant;
(c) the amount of the fine or instalment
remaining unpaid;
(d) the period for which, or the
15 circumstances in which, the person in
default is to be kept in custody under
the warrant;
(e) the date of issue of the warrant;
(f) the name of the magistrate or registrar
20 signing the document;
(g) any other particulars that are
prescribed.
(3B) A warrant issued in accordance with sub-
section (3A)--
25 (a) directs and authorises the sheriff to do
all things that he or she would have
been directed and authorised to do if a
warrant containing the particulars
referred to in sub-section (3A) and
30 directed to the sheriff had been issued
in paper form under section 68(b) by
the magistrate or registrar;
(b) must not be amended, altered or varied
after its issue, unless the amendment,
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s. 28
Act No.
alteration or variation is authorised by
or under this or any other Act.".
(2) In section 73 of the Magistrates' Court Act
1989, after sub-section (3) insert--
5 "(3AA) A warrant to seize property under sub-
section (1)(a) or section 98(7)(b) to be
directed to the sheriff (other than a warrant
referred to in sub-section (3A)) may be
issued, not in paper form, but by a magistrate
10 or registrar signing a document containing
the following particulars in relation to
persons against whom a warrant is to be
issued under sub-section (1)(a) or section
98(7)(b) and causing those particulars to be
15 transferred electronically to the sheriff in
accordance with the regulations, if any:
(a) the name of the person in default;
(b) the type of warrant;
(c) the amount of the fine or instalment
20 remaining unpaid;
(d) the date of issue of the warrant;
(e) the name of the magistrate or registrar
signing the document;
(f) any other particulars that are
25 prescribed.
(3AB) A warrant issued in accordance with sub-
section (3AA)--
(a) directs and authorises the sheriff to do
all things that he or she would have
30 been directed and authorised to do if a
warrant containing the particulars
referred to in sub-section (3AA) and
directed to the sheriff had been issued
in paper form under sub-section (1)(a)
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s. 29
Act No.
or section 98(7)(b) by the magistrate or
registrar;
(b) must not be amended, altered or varied
after its issue, unless the amendment,
5 alteration or variation is authorised by
or under this or any other Act.".
29. New Subdivision 4 inserted in Division 4 of Part 4
After Subdivision 3 of Division 4 of Part 4 of the
Magistrates' Court Act 1989 insert--
10 "Subdivision 4--Appeal to Court of Appeal
under section 567A(1A) of Crimes Act 1958
92A. Appeals under section 567A(1A) of Crimes
Act 1958
Nothing in this Division affects any right of
15 the Director of Public Prosecutions under
section 567A(1A) of the Crimes Act 1958 to
appeal to the Court of Appeal against the
sentence passed on a person convicted of an
indictable offence heard and determined
20 summarily by the Court under section 53(1)
of this Act.".
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Sentencing (Amendment) Act 1997
Notes
Act No.
NOTES
1
See section 114 of the Sentencing Act 1991 for effect of alterations in
penalties.
2
See section 114 of the Sentencing Act 1991 for effect of alterations in
penalties.
3
See section 114 of the Sentencing Act 1991 for effect of alterations in
penalties.
By Authority. Government Printer for the State of Victoria.
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Act No.
23
531231B.A1-10/10/97
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