SENTENCING ACT 1991 - NOTES
SENTENCING ACT 1991 - NOTES
Version No.
226
No. 49 of 1991
Version incorporating amendments as at
═══════════════
Version No. 226
Sentencing Act 1991
No. 49 of 1991
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 19 March 1991
Legislative Council: 30 May 1991
The long title for the Bill for this Act was "A Bill to revise and restate
the sentencing powers of courts, to provide sentencing principles to be applied
by courts in sentencing offenders, to repeal the Penalties and Sentences
Act 1985 Crimes Act 1958
The Sentencing Act 1991
INTERPRETATION OF LEGISLATION ACT 1984
(ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act. section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Sentencing Act
1991 subordinate instruments .
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Crimes (Sexual Offences) Act 1991 , No. 8/1991
Assent Date:
16.4.91
Commencement Date:
S. 20(3) on 5.8.91: Government Gazette 24.7.91
p. 2026
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Act 1991 ,
No. 49/1991
Assent Date:
25.6.91
Commencement Date:
S. 180 inserted on 25.4.20 by No. 11/2020 s. 42: s. 2
(as amended by No. 27/2020 s. 41)
Note:
S. 180 repealed Pt 13 (ss 170 –180) on
26.4.21
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes (Rape) Act 1991 , No. 81/1991
Assent Date:
3.12.91
Commencement Date:
Ss 7 , 8 on 16.4.91: s. 2(2) ; ss 1 –4 , 6 ,
9 , 10 on 1.1.92: Government Gazette 18.12.91 p. 3486; s. 5 on 1.2.92:
Government Gazette 22.1.92 p. 114
Current State:
All of Act in operation
Crimes (Confiscation of Profits) (Amendment) Act 1991 ,
No. 90/1991
Assent Date:
10.12.91
Commencement Date:
All of Act (except ss 26, 37) on 1.9.92;
ss 26, 37 on 6.12.92: Government Gazette 12.8.92
p. 2179
Current State:
All of Act in operation
Sentencing (Amendment) Act 1993 , No.
41/1993
Assent Date:
1.6.93
Commencement Date:
Ss 1 , 2 on 1.6.93: s. 2(1) ; rest of Act
(except ss 13, 15) on 15.8.93; ss 13 , 15 on 1.11.93: Government
Gazette 12.8.93 p. 2244
Current State:
All of Act in operation
Health and Community Services (General Amendment) Act
1993 , No. 42/1993
Assent Date:
1.6.93
Commencement Date:
S. 60 on 21.8.94: Government Gazette 18.8.94
p. 2240
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes (Criminal Trials) Act 1993 , No.
60/1993
Assent Date:
8.6.93
Commencement Date:
Ss 1 –3 on 8.6.93: s. 2(1) ; s. 27 on
21.6.93: Special Gazette (No. 40) 17.6.93 p. 1; rest of Act on 1.7.93:
Government Gazette 1.7.93 p. 1735
Current State:
All of Act in operation
Medical Practice Act 1994 , No.
23/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1 , 2 on 17.5.94: s. 2(1) ; rest of Act on
1.7.94: Government Gazette 23.6.94 p. 1672
Current State:
All of Act in operation
Sentencing (Victim Impact Statement) Act 1994 , No.
24/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1 –3 on 17.5.94: s. 2(1) ;
ss 4 –9 on 31.5.94: Government Gazette 26.5.94
p. 1265
Current State:
All of Act in operation
Public Prosecutions Act 1994 , No.
43/1994
Assent Date:
7.6.94
Commencement Date:
Pt 1 (ss 1 –3 ) on 7.6.94: s. 2(1) ; rest of
Act on 1.7.94: s. 2(3)
Current State:
All of Act in operation
Constitution (Court of Appeal) Act 1994, No.
109/1994
Assent Date:
20.12.94
Commencement Date:
Pt 1 (ss 1 , 2 ) on 20.12.94: s. 2(1) ; rest of Act
on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
Current State:
All of Act in operation
Public Prosecutions (Amendment) Act 1995 , No.
36/1995
Assent Date:
6.6.95
Commencement Date:
6.6.95
Current State:
All of Act in operation
Mental Health (Amendment) Act 1995 , No.
98/1995
Assent Date:
5.12.95
Commencement Date:
Ss 1 , 2 on 5.12.95: s. 2(1) ; s. 60 on 26.5.96:
Government Gazette 9.5.96 p. 1099; rest of Act on 1.7.96: Government
Gazette 27.6.96 p. 1593
Current State:
All of Act in operation
Miscellaneous Acts (Omnibus Amendments) Act 1996, No.
22/1996
Assent Date:
2.7.96
Commencement Date:
Pt 9 (ss 19–21) on 2.7.96: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Corrections (Amendment) Act 1996, No.
45/1996
Assent Date:
26.11.96
Commencement Date:
S. 18(Sch. 2 items 11.1–11.15) on 6.2.97: Government
Gazette 6.2.97 p. 257
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Victims of Crime Assistance Act 1996 , No.
81/1996
Assent Date:
17.12.96
Commencement Date:
Ss 74 , 75 on 1.7.97: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Police and Corrections (Amendment) Act 1997, No.
26/1997
Assent Date:
20.5.97
Commencement Date:
S. 54 on 22.5.97: Government Gazette 22.5.97
p. 1131
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing and Other Acts (Amendment) Act 1997, No.
48/1997
Assent Date:
11.6.97
Commencement Date:
Ss 3 , 4 (b)–(e), 5 –7 , 8 (2)(b)(c), 10 , 11 ,
13 (1), 14 , 16–18, 19(1), 20, 22, 25, 27–34
on 1.9.97: s. 2(2) ; ss 9 , 13 (2)–(4), 15 , 19(2)(3), 21, 26 on
20.11.97: Government Gazette 20.11.97 p. 3169; ss 4(a) , 8 (1)(2)(a), 12 , 23, 24
on 15.12.97: Government Gazette 11.12.97 p. 3365
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing (Amendment) Act 1997, No.
69/1997
Assent Date:
18.11.97
Commencement Date:
Ss 17 , 19, 21 on 1.9.97: s. 2(2) ; ss 4 –6 , 9 –16 ,
18 , 20 on 18.11.97: s. 2(1) ; ss 7 , 8 on 11.12.97: Government Gazette 11.12.97 p.
3365
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Confiscation Act 1997 , No. 108/1997
Assent Date:
23.12.97
Commencement Date:
Ss 148 , 149 , 156 on 1.7.98: Government Gazette 25.6.98 p.
1561
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Public Sector Reform (Miscellaneous Amendments) Act 1998,
No. 46/1998
Road Safety (Amendment) Act 1998, No.
57/1998
Assent Date:
13.10.98
Commencement Date:
Ss 26, 27 on 1.5.99: Government Gazette 18.3.99
p. 665
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Magistrates' Court (Amendment) Act 1999, No.
10/1999
Assent Date:
11.5.99
Commencement Date:
Ss 30, 31(4) on 11.5.99: s. 2(1) ; ss 18(1) –(3), 19 on
1.7.99: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing (Amendment) Act 1999, No.
19/1999
Dental Practice Act 1999, No. 26/1999 (as amended by
No. 27/2000)
Crimes (Criminal Trials) Act 1999, No.
35/1999
Assent Date:
8.6.99
Commencement Date:
S. 37 on 1.9.99: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Courts and Tribunals Legislation (Amendment) Act 2000,
No. 1/2000
Assent Date:
28.3.00
Commencement Date:
Ss 8 , 9 on 29.3.00: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Psychologists Registration Act 2000, No.
41/2000
Victims of Crime Assistance (Amendment) Act 2000, No.
54/2000
Assent Date:
12.9.00
Commencement Date:
Ss 21–24 on 1.1.01: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes (Amendment) Act 2000, No.
67/2000
Assent Date:
21.11.00
Commencement Date:
22.11.00 s. 2
Current State:
All of Act in operation
Magistrates' Court (Infringements) Act 2000, No.
99/2000
Assent Date:
12.12.00
Commencement Date:
Ss 15 , 16 on 1.7.01: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Corrections (Custody) Act 2001,
No. 45/2001
Assent Date:
27.6.01
Commencement Date:
S. 45 on 1.3.02: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Drugs, Poisons and Controlled Substances (Amendment) Act
2001, No. 61/2001
Assent Date:
23.10.01
Commencement Date:
S. 14 on 1.1.02: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing (Emergency Service Costs) Act 2001, No.
80/2001
Assent Date:
4.12.01
Commencement Date:
5.12.01: s. 2
Current State:
All of Act in operation
Road Safety (Alcohol Interlocks) Act 2002, No.
1/2002
Assent Date:
26.3.02
Commencement Date:
Ss 11 –14 on 13.5.02: Government Gazette 2.5.02
p. 789
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing (Amendment) Act 2002, No.
2/2002
Assent Date:
26.3.02
Commencement Date:
Ss 4 –7 on 2.5.02: Government Gazette 2.5.02 p.
789
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Criminal Justice Legislation (Miscellaneous Amendments)
Act 2002, No. 35/2002
Assent Date:
18.6.02
Commencement Date:
S. 28(Sch. item 5.1) on 2.5.02: s. 2(2) ; s. 28(Sch.
item 5.2) on 19.6.02: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes (Property Damage and Computer Offences) Act 2003,
No. 10/2003
Assent Date:
6.5.03
Commencement Date:
Ss 13 , 14 on 7.5.03: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing (Amendment) Act 2003, No.
13/2003
Assent Date:
6.5.03
Commencement Date:
Ss 4 –6 on 1.7.04: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Corrections and Sentencing Acts (Home Detention) Act
2003, No. 53/2003
Assent Date:
16.6.03
Commencement Date:
Ss 3 –8 on 1.1.04: s. 2(5)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Confiscation (Amendment) Act 2003,
No. 63/2003
Assent Date:
30.9.03
Commencement Date:
S. 50 on 1.12.03: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Monetary Units Act 2004 ,
No. 10/2004
Assent Date:
11.5.04
Commencement Date:
Ss 13 , 15 (Sch. 1 item 27) on 1.7.04: s.
2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation (Sexual Offences and Bail) Act 2004,
No. 20/2004
Assent Date:
18.5.04
Commencement Date:
S. 9 on 19.5.04: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Transport Legislation (Miscellaneous Amendments) Act
2004, No. 49/2004
Assent Date:
16.6.04
Commencement Date:
Ss 43 –45 on 17.6.04: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes (Dangerous Driving) Act 2004, No.
59/2004
Assent Date:
12.10.04
Commencement Date:
S. 9 on 13.10.04: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing (Superannuation Orders) Act 2004, No.
65/2004
Assent Date:
12.10.04
Commencement Date:
S. 3 on 13.10.04: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Children and Young Persons (Age Jurisdiction) Act 2004,
No. 72/2004
Major Crime Legislation (Seizure of Assets) Act 2004, No.
87/2004
Assent Date:
23.11.04
Commencement Date:
S. 24 on 1.1.05: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Public Administration Act 2004 , No.
108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 181) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Transport Legislation (Amendment) Act 2004, No.
110/2004
Assent Date:
21.12.04
Commencement Date:
S. 45 on 22.12.04: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Serious Sex Offenders Monitoring Act 2005,
No. 1/2005
Assent Date:
1.3.05
Commencement Date:
S. 48 on 26.5.05: Government Gazette 26.5.05
p. 1069
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Statute Law Revision Act 2005 , No.
10/2005
Assent Date:
27.4.05
Commencement Date:
S. 4(Sch. 2 item 2) on 28.4.05:
s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing (Further Amendment) Act 2005, No.
15/2005
Assent Date:
10.5.05
Commencement Date:
Ss 3 –6 on 11.5.05: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Legal Profession (Consequential Amendments) Act 2005, No.
18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 97) on 12.12.05: Government Gazette
1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Magistrates' Court (Judicial Registrars and Court Rules)
Act 2005, No. 19/2005
Parliamentary Administration Act 2005 , No.
20/2005
Courts Legislation (Miscellaneous Amendments) Act 2005,
No. 30/2005
Assent Date:
21.6.05
Commencement Date:
S. 8 on 22.6.05: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sex Offenders Registration (Amendment) Act 2005, No.
34/2005
Assent Date:
21.6.05
Commencement Date:
S. 27 on 1.8.05: Government Gazette 28.7.05
p. 1642
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Victoria State Emergency Service Act 2005 , No.
51/2005
Assent Date:
24.8.05
Commencement Date:
S. 58(7)(8) on 1.11.05: Government Gazette 20.10.05
p. 2308
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Working with Children Act 2005, No. 57/2005 (as
amended by No. 93/2005)
Assent Date:
13.9.05
Commencement Date:
S. 50 on 3.4.06: Government Gazette 30.3.06
p. 615
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing and Mental Health Acts (Amendment) Act 2005,
No. 69/2005
Assent Date:
11.10.05
Commencement Date:
Ss 3 –6 on 1.10.06: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes (Homicide) Act 2005, No.
77/2005
Assent Date:
22.11.05
Commencement Date:
S. 8(4) on 23.11.05: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Road Safety and Other Acts (Vehicle Impoundment and Other
Amendments) Act 2005, No. 93/2005
Assent Date:
29.11.05
Commencement Date:
S. 15 on 30.11.05: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Health Professions Registration Act 2005, No.
97/2005
Assent Date:
7.12.05
Commencement Date:
S. 182(Sch. 4 item 45) on 1.7.07:
s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes (Sexual Offences) Act 2006, No. 2/2006
(as amended by No. 76/2006)
Assent Date:
7.3.06
Commencement Date:
S. 43 on 1.12.06: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Disability Act 2006 , No. 23/2006
Assent Date:
16.5.06
Commencement Date:
Ss 226–230 on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Education and Training Reform Act 2006 , No.
24/2006
Assent Date:
16.5.06
Commencement Date:
S. 6.1.2(Sch. 7 item 35) on 1.7.07: Government Gazette
28.6.07 p. 1304
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Infringements (Consequential and Other Amendments) Act
2006, No. 32/2006
Assent Date:
13.6.06
Commencement Date:
Ss 92 , 93 on 1.7.06: Government Gazette 29.6.06
p. 1315
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Children, Youth and Families (Consequential and Other
Amendments) Act 2006, No. 48/2006
Courts Legislation (Jurisdiction) Act 2006,
No. 50/2006
Assent Date:
15.8.06
Commencement Date:
Ss 38 , 39 on 16.8.06: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Public Sector Acts (Further Workplace Protection and
Other Matters) Act 2006, No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 26(Sch. item 95) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Road Legislation (Projects and Road Safety) Act 2006,
No. 81/2006
Assent Date:
10.10.06
Commencement Date:
S. 7 on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing (Suspended Sentences) Act 2006,
No. 82/2006
Working With Children Amendment Act 2007,
No. 56/2007
Assent Date:
7.11.07
Commencement Date:
S. 22 on 3.4.06: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Amendment (Child Homicide) Act 2008,
No. 7/2008
Assent Date:
18.3.08
Commencement Date:
S. 7(4) on 19.3.08: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Criminal Procedure Legislation Amendment Act 2008, No.
8/2008
Assent Date:
18.3.08
Commencement Date:
Ss 3 , 18 on 1.7.08: s. 2(5)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Relationships Act 2008 , No. 12/2008
Justice Legislation Amendment (Sex Offences Procedure)
Act 2008, No. 18/2008
Justice Legislation Amendment Act 2008,
No. 21/2008
Assent Date:
2.6.08
Commencement Date:
S. 25(1) on 3.6.08: Special Gazette (No. 148) 3.6.08
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Public Health and Wellbeing Act 2008 , No.
46/2008
Assent Date:
2.9.08
Commencement Date:
S. 287 on 1.1.10: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Family Violence Protection Act 2008 ,
No. 52/2008
Assent Date:
23.9.08
Commencement Date:
Ss 265, 266 on 8.12.08: Special Gazette (No. 339) 4.12.08 p.
1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Stalking Intervention Orders Act 2008,
No. 68/2008
Assent Date:
18.11.08
Commencement Date:
Ss 82 , 83 on 8.12.08: Special Gazette (No. 339) 4.12.08 p.
1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Criminal Procedure Act 2009 , No. 7/2009
Assent Date:
10.3.09
Commencement Date:
Ss 432–434 on 1.1.10: Government Gazette 10.12.09
p. 3215
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Amendment (Identity Crime) Act 2009, No.
22/2009
Assent Date:
17.6.09
Commencement Date:
Ss 5 –7 on 1.10.09: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Criminal Procedure Amendment (Consequential and
Transitional Provisions) Act 2009, No. 68/2009
Assent Date:
24.11.09
Commencement Date:
S. 97(Sch. item 110) on 1.1.10: Government Gazette 10.12.09
p. 3215
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Statute Law Amendment (Evidence Consequential Provisions)
Act 2009, No. 69/2009
Assent Date:
24.11.09
Commencement Date:
S. 54(Sch. Pt 1 item 51) on 1.1.10: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Amendment Act 2009, No.
77/2009
Assent Date:
1.12.09
Commencement Date:
2.12.09: s. 2
Current State:
All of Act in operation
Justice Legislation Miscellaneous Amendments Act 2009,
No. 87/2009
Assent Date:
15.12.09
Commencement Date:
S. 58 on 17.12.09: Government Gazette 17.12.09
p. 3338
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Serious Sex Offenders (Detention and Supervision) Act
2009, No. 91/2009
Assent Date:
15.12.09
Commencement Date:
S. 219(Sch. 3 item 2) on 1.1.10: Government Gazette 24.12.09
p. 3397
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Transport Legislation Amendment (Hoon Boating and Other
Amendments) Act 2009, No. 93/2009
Assent Date:
15.12.09
Commencement Date:
S. 49(1) on 17.12.09: Government Gazette 17.12.09
p. 3339
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Legislation Amendment Act 2010,
No. 7/2010
Assent Date:
16.3.10
Commencement Date:
S. 14 on 17.3.10: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Statute Law Amendment (National Health Practitioner
Regulation) Act 2010, No. 13/2010
Justice Legislation Amendment (Victims of Crime
Assistance and Other Matters) Act 2010, No. 18/2010
Assent Date:
18.5.10
Commencement Date:
Ss 7 –10 on 1.1.11: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Health and Human Services Legislation Amendment Act 2010,
No. 29/2010
Assent Date:
8.6.10
Commencement Date:
S. 71 on 1.7.10: Special Gazette (No. 235) 23.6.10 p.
1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment Act 2010,
No. 30/2010
Assent Date:
8.6.10
Commencement Date:
S. 5 on 26.6.10: Government Gazette 24.6.10 p. 1274; ss
3 , 4 , 6 –8 , 10 –12 , 14 , 15 , 17 , 23, 24, 28, 29 on 1.1.11: Government
Gazette 28.10.10 p. 2583; ss 16 , 19, 25–27 on 1.1.12: s. 2(5) ;
ss 9 , 13 , 18 , 20–22 never proclaimed, repealed by No. 65/2011
s. 99
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Severe Substance Dependence Treatment Act 2010 , No.
43/2010
Assent Date:
10.8.10
Commencement Date:
S. 48 on 1.3.11: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Personal Safety Intervention Orders Act 2010 ,
No. 53/2010
Assent Date:
7.9.10
Commencement Date:
S. 224 on 1.12.10: Government Gazette 14.10.10 p. 2405;
s. 221(Sch. item 10) on 5.9.11: Special Gazette (No. 271) 23.8.11 p.
1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Consumer Affairs Legislation Amendment (Reform) Act 2010,
No. 63/2010
Confiscation Amendment Act 2010,
No. 68/2010
Assent Date:
12.10.10
Commencement Date:
S. 70(4) on 1.11.10: Government Gazette 28.10.10
p. 2583; s. 70(1) –(3) on 1.4.12: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Amendment Act 2010, No. 77/2010 (as
amended by No. 9/2011)
Assent Date:
19.10.10
Commencement Date:
Ss 3(a) , 12 , 27 on 1.5.11: Special Gazette (No. 125) 19.4.11
p. 1; s. 21 on 1.1.12: s. 2(2) ; ss 3(b) –(e), 4 –11 ,
13 –20, 22–26 never proclaimed, repealed by No. 65/2011 ss
71 –92
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Further Amendment Act 2011,
No. 9/2011
Assent Date:
12.4.11
Commencement Date:
Ss 6 , 7 on 1.1.12: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Statute Law Revision Act 2011 ,
No. 29/2011
Sentencing Legislation Amendment (Abolition of Home
Detention) Act 2011, No. 48/2011
Assent Date:
22.9.11
Commencement Date:
Ss 12 –24 on 16.1.12: Special Gazette (No. 423)
21.12.11 p. 4
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Amendment (Community Correction Reform) Act
2011, No. 65/2011 (as amended by Nos 26/2012, 43/2012, 32/2013,
56/2013)
Assent Date:
22.11.11
Commencement Date:
Ss 3(13) , 53 on 23.11.11: s. 2(1) ; s. 5(4) on 1.1.12:
s. 2(2) ; ss 3(1) –(12)(14), 4 , 5 (1)–(3), 6 –48 ,
50 –52 , 54 , 68 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3; ss
55 , 58 , 59 , 70 on 1.5.13: Special Gazette (No. 156) 23.4.13 p. 1; ss 56 ,
57 , 60 , 69 on 30.6.13: Special Gazette (No. 156) 23.4.13 p. 1;
s. 49 on 30.9.13: s. 2(4) ; ss 61 –67 never proclaimed,
repealed by No. 56/2013 s. 35(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Courts and Sentencing Legislation Amendment Act 2012,
No. 26/2012
Assent Date:
29.5.12
Commencement Date:
Ss 26–70 on 16.7.12: Special Gazette (No. 237) 3.7.12
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Statute Law Revision Act 2012 ,
No. 43/2012
Assent Date:
27.6.12
Commencement Date:
S. 3(Sch. item 46) on 28.6.12:
s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Road Safety and Sentencing Acts Amendment Act 2012,
No. 45/2012
Criminal Procedure Amendment Act 2012,
No. 48/2012
Criminal Procedure and Sentencing Acts Amendment (Victims
of Crime) Act 2012, No. 49/2012
Assent Date:
4.9.12
Commencement Date:
Ss 6 –8 on 31.1.13: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment (Family Violence and Other
Matters) Act 2012, No. 83/2012
Assent Date:
18.12.12
Commencement Date:
S. 33(1) –(3) on 20.12.12: Special Gazette
(No. 444) 19.12.12 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Amendment (Gross Violence Offences) Act 2013,
No. 6/2013
Assent Date:
26.2.13
Commencement Date:
Ss 8 –10 on 1.7.13: Special Gazette (No. 180)
21.5.13 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment Act 2013,
No. 31/2013
Assent Date:
4.6.13
Commencement Date:
Ss 8 –11 on 4.6.13: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Amendment (Abolition of Suspended Sentences
and Other Matters) Act 2013, No. 32/2013 (as amended by
No. 77/2013)
Assent Date:
4.6.13
Commencement Date:
Ss 3 –5 , 33 –36 , 38 –42 on 5.6.13:
s. 2(1) ; s. 37 on 30.6.13: Special Gazette (No. 226) 25.6.13 p. 1;
ss 23–26 on 27.7.13: Special Gazette (No.
226) 25.6.13 p. 1; ss 6 , 7 on 1.9.13: Special Gazette (No. 284)
13.8.13 p. 1; ss 27, 30–32 on 30.9.13: Special Gazette (No. 284)
13.8.13 p. 1; ss 28, 29 on 20.12.13: Special Gazette (No. 449) 17.12.13 p. 1;
ss 46 –50 , 56 –58 on 19.4.14: Special Gazette (No. 122)
15.4.14 p. 2; ss 8 –22 on 1.9.14: s. 2(5)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Corrections Amendment (Breach of Parole) Act 2013,
No. 46/2013
Assent Date:
10.9.13
Commencement Date:
S. 5 on 1.7.14: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Road Safety and Sentencing Acts Amendment Act 2013,
No. 56/2013
Statute Law Revision Act 2013 ,
No. 70/2013
Justice Legislation Amendment (Miscellaneous) Act 2013,
No. 77/2013
Assent Date:
17.12.13
Commencement Date:
S. 50 on 18.12.13: s. 2(1) ; s. 47 on 19.4.14:
s. 2(2) ; s. 46 on 2.9.14: Special Gazette (No. 295) 2.9.14
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Amendment (Grooming) Act 2014,
No. 7/2014
Assent Date:
25.2.14
Commencement Date:
S. 5(2) on 9.4.14: Special Gazette (No. 112) 8.4.14
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Summary Offences and Sentencing Amendment Act 2014,
No. 15/2014
Assent Date:
18.3.14
Commencement Date:
Ss 7 , 8 on 1.9.14: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Legal Profession Uniform Law Application Act 2014 , No.
17/2014
Assent Date:
25.3.14
Commencement Date:
S. 160(Sch. 2 item 88) on 1.7.15: Special Gazette
(No. 151) 16.6.15 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Mental Health Act 2014 ,
No. 26/2014
Assent Date:
8.4.14
Commencement Date:
Ss 429–435 on 1.7.14: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Victoria Police Amendment (Consequential and Other
Matters) Act 2014, No. 37/2014
Assent Date:
3.6.14
Commencement Date:
S. 10(Sch. items 151.1–151.5, 151.7, 151.8) on
1.7.14: Special Gazette (No. 200) 24.6.14 p. 2; s. 10(Sch.
item 151.6) on 1.9.14: Special Gazette (No. 200) 24.6.14
p. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Fines Reform Act 2014 , No. 47/2014
Assent Date:
1.7.14
Commencement Date:
Ss 305–312 on 31.12.17: Special Gazette (No. 443)
19.12.17 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Amendment (Baseline Sentences) Act 2014,
No. 52/2014 (as amended by No. 72/2014)
Assent Date:
12.8.14
Commencement Date:
Ss 3 –10 on 2.11.14: Special Gazette (No. 350) 7.10.14
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Criminal Organisations Control and Other Acts Amendment
Act 2014, No. 55/2014
Assent Date:
26.8.14
Commencement Date:
Ss 169 , 170 on 2.9.14: Special Gazette (No. 295) 2.9.14
p. 1; ss 48 , 49 on 1.10.14: Special Gazette (No. 330) 23.9.14
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Children, Youth and Families Amendment (Permanent Care
and Other Matters) Act 2014, No. 61/2014
Assent Date:
9.9.14
Commencement Date:
S. 170 on 1.3.16: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Amendment (Abolition of Defensive Homicide) Act
2014, No. 63/2014
Assent Date:
9.9.14
Commencement Date:
Ss 5(3) , 7 (18)(19) on 1.11.14: Special Gazette
(No. 350) 7.10.14 p. 1; s. 7(17) on 2.11.14:
s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Amendment (Emergency Workers) Act 2014,
No. 69/2014 (as amended by Nos 72/2014,
79/2014)[20]
Assent Date:
23.9.14
Commencement Date:
Ss 6 , 16 –19 on 29.9.14: Special Gazette (No. 330)
23.9.14 p. 1; ss 3 , 4 , 5 (2)–(4), 7 on 2.11.14: Special Gazette (No.
330) 23.9.14 p. 1; s. 5(1) never proclaimed, repealed by No. 72/2014 s.
13(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Amendment (Coward's Punch Manslaughter and
Other Matters) Act 2014, No. 72/2014
Crimes Amendment (Sexual Offences and Other Matters) Act
2014, No. 74/2014
Assent Date:
21.10.14
Commencement Date:
Ss 17 –19 on 1.7.15: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment (Confiscation and Other
Matters) Act 2014, No. 79/2014
Sentencing Amendment (Historical Homosexual Convictions
Expungement) Act 2014, No. 81/2014 (as amended by No.
20/2015)
Assent Date:
21.10.14
Commencement Date:
Ss 3 , 4 on 1.9.15: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Amendment (Repeal of Section 19A) Act 2015,
No. 17/2015
Assent Date:
2.6.15
Commencement Date:
S. 4 on 3.6.15: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Amendment (Correction of Sentencing Error)
Act 2015, No. 19/2015
Assent Date:
2.6.15
Commencement Date:
Ss 4 –8 on 3.6.15: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment Act 2015, No.
20/2015
Assent Date:
16.6.15
Commencement Date:
S. 54 on 17.6.15: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Statute Law Revision Act 2015, No.
21/2015
Crimes Amendment (Child Pornography and Other Matters)
Act 2015, No. 42/2015
Assent Date:
22.9.15
Commencement Date:
S. 26 on 1.12.15: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Serious Sex Offenders (Detention and Supervision) and
Other Acts Amendment Act 2015, No. 52/2015
Assent Date:
13.10.15
Commencement Date:
S. 46 on 14.10.15: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Further Amendment Act 2016, No.
3/2016
Assent Date:
16.2.16
Commencement Date:
Ss 56 , 57 on 1.5.16: Special Gazette (No. 114) 26.4.16
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Confiscation and Other Matters Amendment Act 2016, No.
27/2016
Assent Date:
31.5.16
Commencement Date:
S. 46 on 1.6.16: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Legislation Amendment Act 2016, No.
28/2016
Assent Date:
31.5.16
Commencement Date:
Ss 3 –5 on 3.10.16: Special Gazette (No. 296) 27.9.16
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Serious Sex Offenders (Detention and Supervision)
Amendment (Community Safety) Act 2016, No. 32/2016
Justice Legislation (Evidence and Other Acts) Amendment
Act 2016, No. 38/2016
Assent Date:
28.6.16
Commencement Date:
S. 11 on 12.9.16: Special Gazette (No. 278) 6.9.16
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Amendment (Sexual Offences) Act 2016,
No. 47/2016
Assent Date:
6.9.16
Commencement Date:
S. 41 on 1.7.17: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Amendment (Carjacking and Home Invasion) Act 2016,
No. 50/2016
Assent Date:
18.10.16
Commencement Date:
Ss 5 , 6 on 7.12.16: Special Gazette (No. 375) 6.12.16 p.
1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
National Domestic Violence Order Scheme Act 2016,
No. 53/2016
Assent Date:
18.10.16
Commencement Date:
S. 124 on 25.11.17: Special Gazette (No. 388) 15.11.17 p.
1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Police and Justice Legislation Amendment (Miscellaneous)
Act 2016, No. 54/2016
Assent Date:
18.10.16
Commencement Date:
Ss 34 –36 on 19.10.16: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing (Community Correction Order) and Other Acts
Amendment Act 2016, No. 65/2016
Assent Date:
15.11.16
Commencement Date:
Ss 3 –17 on 20.3.17: Special Gazette (No. 17) 31.1.17
p. 1; s. 23 on 1.7.17: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment (Parole Reform and Other
Matters) Act 2016, No. 76/2016
Assent Date:
13.12.16
Commencement Date:
Ss 9 , 10 on 6.6.17: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Family Violence Protection Amendment (Information
Sharing) Act 2017, No. 23/2017
Assent Date:
14.6.17
Commencement Date:
S. 43 on 26.2.18: Special Gazette (No. 40) 6.2.18
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Bail Amendment (Stage One) Act 2017, No.
26/2017
Assent Date:
27.6.17
Commencement Date:
S. 25 on 21.5.18: Special Gazette (No. 218) 15.5.18
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Amendment (Sentencing Standards) Act 2017, No.
34/2017
Assent Date:
15.8.17
Commencement Date:
Ss 3 –11 , 43 on 29.11.17: Special Gazette (No. 406)
28.11.17 p. 1; ss 17 –23, 38 –42 on 1.2.18: Special Gazette
(No. 28) 30.1.18 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment (Court Security, Juries and
Other Matters) Act 2017, No. 38/2017
Assent Date:
29.8.17
Commencement Date:
S. 93 on 30.8.17: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Children and Justice Legislation Amendment (Youth Justice
Reform) Act 2017, No. 43/2017
Assent Date:
26.9.17
Commencement Date:
Ss 58 , 64 (1) on 30.11.17: Special Gazette (No. 406) 28.11.17
p.1; ss 20, 21 on 26.2.18: Special Gazette (No. 406) 28.11.17 p. 1; ss
45 –47 , 50 , 51 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1;
s. 8 on 1.6.18: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Serious Sex Offenders (Detention and Supervision)
Amendment (Governance) Act 2017, No. 57/2017
Assent Date:
8.11.17
Commencement Date:
S. 52 on 27.2.18: Special Gazette (No. 49) 13.2.18 p.
1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Fines Reform Amendment Act 2017,
No. 59/2017
Crimes Legislation Amendment (Protection of Emergency
Workers and Others) Act 2017, No. 65/2017
Assent Date:
19.12.17
Commencement Date:
Ss 15 –19 on 5.4.18: Special Gazette (No. 136)
27.3.18 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Bail Amendment (Stage Two) Act 2018,
No. 3/2018
Assent Date:
27.2.18
Commencement Date:
S. 29 on 5.4.18: Special Gazette (No. 136) 27.3.18
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment (Victims) Act 2018,
No. 5/2018
Assent Date:
27.2.18
Commencement Date:
Ss 34 , 35 on 28.2.18: s. 2(1) ; ss 32 , 33 on
5.4.18: Special Gazette (No. 136) 27.3.18 p. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Oaths and Affirmations Act 2018 , No.
6/2018
Children Legislation Amendment (Information Sharing) Act
2018, No. 11/2018
Assent Date:
10.4.18
Commencement Date:
S. 39 on 27.9.18: Special Gazette (No. 405) 4.9.18 p.
1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Serious Offenders Act 2018 , No.
27/2018
Assent Date:
26.6.18
Commencement Date:
Ss 351(Sch. 4 cl. 21), 364 on 3.9.18: Special Gazette
(No. 356) 31.7.18 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment (Terrorism) Act 2018,
No. 32/2018
Assent Date:
7.8.18
Commencement Date:
S. 133 on 30.11.18: Special Gazette (No. 497)
23.10.18 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Victims and Other Legislation Amendment Act 2018, No.
42/2018
Assent Date:
11.9.18
Commencement Date:
Ss 26–28 on 29.10.18: Special Gazette (No. 480)
16.10.18 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Miscellaneous Amendment Act 2018,
No. 48/2018
Justice Legislation Amendment (Police and Other Matters)
Act 2019, No. 3/2019
Assent Date:
13.3.19
Commencement Date:
Ss 84 –88 on 14.3.19: s. 2(1) ; ss 7 , 8 , 21 on 5.6.19:
Special Gazette (No. 215) 4.6.19 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Transport Legislation Amendment (Better Roads Victoria
and Other Amendments) Act 2019, No. 7/2019
Assent Date:
26.3.19
Commencement Date:
Ss 29–31 on 1.12.19: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Guardianship and Administration Act 2019 , No.
13/2019
Assent Date:
4.6.19
Commencement Date:
S. 221(Sch. 1 item 46) on 1.3.20:
s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Disability (National Disability Insurance Scheme
Transition) Amendment Act 2019, No. 19/2019
Assent Date:
25.6.19
Commencement Date:
S. 269 on 26.6.19: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Firefighters' Presumptive Rights Compensation and Fire
Services Legislation Amendment (Reform) Act 2019 ,
No. 20/2019
Assent Date:
2.7.19
Commencement Date:
Ss 187, 188 on 1.7.20: Special Gazette (No. 328)
30.6.20 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment (Serious Offenders and
Other Matters) Act 2019, No. 45/2019
Assent Date:
19.11.19
Commencement Date:
S. 50 on 20.11.19: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Transport Legislation Amendment Act 2019, No.
49/2019
Assent Date:
3.12.19
Commencement Date:
S. 186(Sch. 4 item 37) on 1.1.20: Special Gazette
(No. 514) 10.12.19 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Road Safety and Other Legislation Amendment
Act 2020, No. 6/2020
Assent Date:
17.3.20
Commencement Date:
Ss 10 −12 on 12.11.20: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Local Government Act 2020 ,
No. 9/2020
Assent Date:
24.3.20
Commencement Date:
S. 390(Sch. 1 item 90.2) on 6.4.20: Special Gazette
(No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 90.1, 90.3, 90.4) on
1.7.21: s. 2(4)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
COVID-19 Omnibus (Emergency Measures) Act 2020, No.
11/2020
Assent Date:
24.4.20
Commencement Date:
S. 42 on 25.4.20: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Crimes Amendment (Manslaughter and Related Offences)
Act 2020, No. 16/2020
Assent Date:
10.6.20
Commencement Date:
Ss 23–25 on 1.7.20: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Wage Theft Act 2020 ,
No. 21/2020
Assent Date:
23.6.20
Commencement Date:
Ss 82 , 83 on 1.7.21: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Miscellaneous Amendments Act 2020,
No. 22/2020
Assent Date:
30.6.20
Commencement Date:
Ss 25, 26 on 1.7.20: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sentencing Amendment (Emergency Worker Harm)
Act 2020, No. 23/2020
Assent Date:
30.6.20
Commencement Date:
Ss 3 –6 on 1.7.20: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
COVID-19 Omnibus (Emergency
Measures) and Other Acts Amendment Act 2020,
No. 27/2020
Assent Date:
20.10.20
Commencement Date:
S. 41 on 21.10.20: s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Worker Screening
Act 2020 , No. 34/2020
Assent
Date:
4.11.20
Commencement Date:
S. 238 on 1.2.21: Special Gazette (No. 647)
8.12.20 p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment
(Drug Court and Other Matters) Act 2020,
No. 43/2020
Assent Date:
8.12.20
Commencement Date:
Ss 6 –34 on 26.4.21: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment (System Enhancements and
Other Matters) Act 2021, No. 11/2021
Transport Legislation Miscellaneous Amendments
Act 2021, No. 30/2021
Justice Legislation Amendment (Criminal Procedure
Disclosure and Other Matters) Act 2022,
No. 1/2022
Assent Date:
15.2.22
Commencement Date:
Ss 80 , 81 on 29.3.22: Special Gazette (No. 157) 29.3.22
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment (Fines Reform and Other
Matters) Act 2022, No. 17/2022
Assent Date:
18.5.22
Commencement Date:
Ss 81 ,
83 2">– 86 on 19.5.22:
s. 2(1) ; s. 82 on 18.7.22: Special Gazette (No. 346) 5.7.22
p. 1
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Sex Work Decriminalisation Act 2022 ,
No. 7/2022
Assent Date:
1.3.22
Commencement Date:
S. 78 on 1.12.23: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Justice Legislation Amendment (Sexual Offences and Other
Matters) Act 2022, No. 38/2022
Mental
Health and Wellbeing Act 2022 , No. 39/2022
Assent Date:
6.9.22
Commencement Date:
Ss 861–864 on 1.9.23: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Statute Law Amendment (References to the Sovereign)
Act 2023, No. 25/2023
Assent Date:
5.9.23
Commencement Date:
S. 7(Sch. 1 item 23) on 6.9.23:
s. 2
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
Private Security and County
Court Amendment Act 2024, No. 12/2024
Assent Date:
9.4.24
Commencement Date:
S. 64 on 10.4.24: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Sentencing Act 1991
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 5(2AA):
Section 5 of the Sentencing and Other Acts (Amendment) Act 1997 ,
No. 48/1997 (repealed ) inserted two new guidelines into
section 5 of the Sentencing Act 1991
Section 5(2AA)(a) is declaratory of the common law position that the court
must not have regard in sentencing an offender to any possibility or likelihood
that the length of time actually spent in custody by the offender will be
affected by executive action of any kind. Such executive action would include
any action which the Adult Parole Board might take in respect of a
sentence.
Section 5(2AA)(b) directs the court, when considering sentencing an
offender , not to have regard to any sentencing practices which arose out of the
application of section 10 of the Sentencing Act 1991 .
Section 10(1) was in the following terms:
"When sentencing an offender to a term of imprisonment a court must
consider whether the sentence it proposes would result in the offender spending
more time in custody, only because of the abolition of remission entitlements by
section 3(1) of the Corrections (Remissions) Act 1991 , than he or she
would have spent had he or she been sentenced before the commencement of that
section for a similar offence in similar circumstances."
If section 10(1) applied, section 10(2) required the court to reduce the
sentence it would otherwise have passed by one third. Section 10 of the
Sentencing Act 1991 sunsetted on 22 April 1997. The sunset clause
was in the following terms:
"It is intended that the expiry of this section will not of itself have any
effect on sentencing practices and that after the expiry a court will, as
required by section 5(2)(b) , have regard to sentencing practices current
immediately before then as if this section had not expired."R v
Boucher [1995] 1 VR 110, section 10 was interpreted to apply only to
offences where the maximum penalty had remained unaltered by the
Sentencing Act 1991 . The court took the view that Parliament had
already taken into account the abolition of remissions when formulating the new
penalties. This led to inconsistent and anomalous sentencing practices, which
had the effect of distorting the scale of effective maximum penalties.
Section 5(2AA)(b) requires the court to disregard any sentencing practices
which developed from the application of section 10 of the Sentencing
Act 1991 Boucher's case.
2 S. 5(2E): Section 29 of the Constitution (Court of Appeal)
Act 1994 , No. 109/1994 reads as follows:
29 Proceedings before Full Court
(1) The Constitution Act 1975 , the Supreme Court Act 1986
Crimes Act 1958
(2) If the Court of Appeal so orders, anything required to be done by the
Supreme Court in relation to or as a consequence of a proceeding after the Full
Court has delivered judgment in that proceeding, may be done by the Court of
Appeal.
[3] S. 9:
Section 9 of the Sentencing and Other Acts (Amendment) Act 1997 ,
No. 48/1997 (repealed ) inserted a new section 9 into the
Sentencing Act 1991 to provide the Magistrates' Court with
the power to impose an aggregate sentence of imprisonment in certain
circumstances. The power to impose an aggregate sentence is founded on a proper
joinder of the charges before the court. (See for example the Crimes Act
1958 Rule 2 , Sixth Schedule (repealed )). A similar power is
contained in section 51 of the Sentencing Act 1991 in respect of
fines . The power is not limited to sentencing for summary offences, but applies
to any proceedings in the Magistrates' Court, including indictable offences
being tried summarily.
[4] S. 10 (expired ):
Section 10 was in operation from 22 April 1992 until 22 April 1997. Section 10 ,
as in force before 22 April 1997, read as follows:
10 Court must take abolition of remissions into account
(1) When sentencing an offender to a term of imprisonment a court must
consider whether the sentence it proposes would result in the offender spending
more time in custody, only because of the abolition of remission entitlements by
section 3(1) of the Corrections (Remissions) Act 1991
(2) If the court considers that the sentence it proposes would have the
result referred to in subsection (1) it must reduce the proposed sentence in
accordance with subsection (3).
(3) In applying this section a court—
(a) must assume that an offender sentenced before the commencement of
section 3(1) of the Corrections (Remissions) Act 1991
(b) must not reduce a sentence by more than is necessary to ensure that
the actual time spent in custody by an offender sentenced after that
commencement is not greater, only because of the abolition of remissions, that
it would have been if the offender had been sentenced before that commencement
for a similar offence in similar circumstances.
(4) For the purposes of this section—
(a) remission entitlements section 60 of the Corrections Act 1986
(b) "term of imprisonment" includes—
(i) a term that is suspended wholly or partly; and
(ii) any non-parole period fixed in respect of the term.
S. 10(4A) inserted by No. 41/1993
s. 6.
(4A) This section does not apply to the Supreme Court or the County Court
when sentencing a serious sexual offender for a sexual offence or a violent
offence or a serious violent offender for a serious violent offence .
(5) This section expires on the fifth anniversary of the day on which it
comes into operation.
(6) It is intended that the expiry of this section will not of itself have
any effect on sentencing practices and that after the expiry a court will, as
required by section 5(2)(b) , have regard to sentencing practices current
immediately before then as if this section had not expired.
[5] S. 16:
Sections 16 and 17 of the Sentencing and Other Acts (Amendment)
Act 1997 , No. 48/1997 (repealed ) concerned Youth Training
Centre orders and Youth Residential Centre orders . These sections amended
various sections of the Sentencing Act 1991 to insert consistent
terminology, for example, the use of "young offender" throughout the Act. The
amendments also clarified that, in sentencing a young offender , the Supreme and
County courts may impose up to a maximum of 3 years detention . Section 32 has
also been amended to enable the court to order detention in a Youth Residential
Centre in respect of young offenders who at the time of being sentenced are
under 15 years of age.
The amendments clarified that the provisions of the Sentencing
Act 1991 are paramount when courts other than the Children's Court
are sentencing a young offender , who is defined in section 3 as being an
offender who at the time of being sentenced is under the age of 21 years. For
an example of the difficulties which the courts have had in interpreting the
interrelationship of the provisions of the Children and Young Persons
Act 1989 repealed ) and the Sentencing Act 1991 when
sentencing children, see the case of R v Hill [1996] 2 VR
496.
[6] S. 16(1A)(d):
Section 10 of the Sentencing and Other Acts (Amendment) Act 1997 ,
No. 48/1997 (repealed ) amended section 16 of the Principal Act to
deal with the sentencing of offenders who commit offences while on parole or
bail.
New section 16(3B) of the Sentencing Act 1991 offender for an offence committed while on parole to
be served cumulatively on any period of imprisonment which that offender may be
required to serve in custody on cancellation of the parole order, unless
otherwise directed by the court because of the existence of exceptional
circumstances.
In R v Kuru (1995) 78 A Crim R 447 the Victorian Court of Appeal
held that an offender is not to be regarded as actually serving a sentence when
released on parole. Accordingly, there was no sentence in existence upon which
another sentence could be ordered to be served cumulatively. Under the new
subsection, the court will be required to order cumulation of the sentence
unless there are exceptional circumstances.
[7] S. 16(1A)(e): The amendment
proposed by section 17(1) of the Crimes Legislation Amendment
(Protection of Emergency Workers and Others) Act 2017 , No. 65/2017
(repealed ) is not included in this publication because the word
"offence." does not appear in section 16(1A)(e). Section 17(1) reads as
follows:
17 Sentences—whether concurrent or cumulative
(1) In section 16(1A)(e) of the Sentencing Act 1991 substitute "offence; or".
[8] S. 16(1A)(e): See note
6.
[9] S. 16(3B): See note
6.
[10] S. 16(3C): See note
6.
[11] S. 17: See note
5.
[12] S. 18:
Section 11 of the Sentencing and Other Acts (Amendment) Act 1997 ,
No. 48/1997 (repealed ) amended section 18 of the
Sentencing Act 1991 by extending the circumstances in which a
declaration pursuant to section 18(1) may be made. Section 18 of the
Sentencing Act 1991 provides a mechanism for recognising the
period of time an offender has been held in custody prior to sentence, as well
as for treating such terms as a period of imprisonment already served under the
sentence. The aim of the amendments was to enable section 18 declarations to be
made in as many cases as possible. It is no longer necessary for the time
held in custody to be exclusively referable to the offence for which the
offender is being sentenced before a declaration pursuant to section 18(1) of
the Act is made. See, for example, the case of R v Renzella, unreported,
Court of Appeal (Vic.) 6/9/1996.
Section 11(2)(a) clarified that such declarations cannot be made in respect
of intensive correction orders.
Section 11(2)(b) inserted a new subsection (d) into section 18 to clarify
that the offender should not receive a benefit for pre-sentence detention more
than once for any specific period of pre-sentence custody.
Section 11(3) amended section 18(4) of the Act to remove the inconsistent
requirement referred to in R v McGrath, unreported, Court of
Criminal Appeal (Vic.) 15/9/1992. When a court imposes a sentence of
imprisonment, in circumstances in which section 18(1) of the Act applies, it
must make a declaration concerning whether any period of time is to be reckoned
as a period of imprisonment served as part of the sentence imposed. When a
sentence of imprisonment is imposed it is not normally reduced by the amount of
pre-sentence imprisonment. Therefore any period of pre-sentence imprisonment
which should be reckoned as part of that sentence which has been served, should
be declared as served.
Corresponding amendments have been made to the provisions governing
sentences of detention imposed on young offenders in section 35 of the
Sentencing Act 1991 .
[13] S. 18O: See note
2.
[14] S. 32: See note
5.
[15] S. 33: See note
5.
[16] S. 34: See note
5.
[17] S. 35: See note
5.
[18] S. 35: See note
12.
[19] S. 114: The following
Table sets out the alterations in the maximum penalties for offences under the
Crimes Act 1958 section 60 (Schedule 1 ) of the Sentencing and Other Acts (Amendment) Act
1997 , No. 48/1997 (repealed ) and came into operation on 1
September 1997:
TABLE INDICATING THE PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY FOR AN OFFENCE AND THE NEW PRESCRIBED MAXIMUM PENALTY FOR AN
OFFENCE
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 3 Murder (common law)
Level 1 imprisonment (Life)
Level 1 imprisonment (Life)
Section 3A Murder (Crimes Act)
Level 1 imprisonment (Life)
Level 1 imprisonment (Life)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 5 Manslaughter
Level 3 imprisonment (15 years)
Level 3 imprisonment (20 years)
Section 6 Infanticide
Level 7 imprisonment (5 years)
Level 6 imprisonment
Section 6B(1A) Suicide pact manslaughter
Section 6B(2) Inciting, aids or abets suicide
Section 6B(2) Being party to a suicide pact
Level 6 imprisonment (7½ years)
Level 7 imprisonment (5 years)
Level 8 imprisonment (3 years)
Level 5 imprisonment (10 years)
Level 6 imprisonment
Level 6 imprisonment
Section 9A(1) Treason
Section 9A(2) Knowingly receiving or assisting a person guilty of
treason
Level 1 imprisonment (Life)
Level 3 imprisonment (15 years)
Level 1 imprisonment (Life)
Level 3 imprisonment (20 years)
Section 10 Child destruction
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)
Section 16 Causing serious injury intentionally
Level 4 imprisonment (12½ years)
Level 3 imprisonment (20 years)
Section 17 Causing serious injury recklessly
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)
Section 18 Causing injury intentionally
Section 18 Causing injury recklessly
Level 6 imprisonment (7½ years)
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)
Level 6 imprisonment
Section 19(1) Administering a substance to another
Level 7 imprisonment (5 years)
Level 6 imprisonment
Section 19A Intentionally causing a very serious disease
25 years imprisonment
Level 2 imprisonment (25 years)
Section 20 Threats to kill
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)
Section 21 Threats to inflict serious injury
Level 8 imprisonment (3 years)
Level 6 imprisonment (5 years)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 21A Stalking
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 22 Conduct endangering life
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 23 Conduct endangering persons
Level 6 imprisonment (7½ years)
Level 6 imprisonment
Section 24 Negligently causing serious injury
Level 7 imprisonment (5 years)
Level 6 imprisonment
Section 25 Setting traps to kill
Level 4 imprisonment (12½ years)
Level 4 imprisonment (15 years)
Section 26 Setting traps to cause serious injury
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 27 Extortion with threat to kill
Level 6 imprisonment (7½ years)
Level 4 imprisonment (15 years)
Section 28 Extortion with threat to destroy property
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)
Section 29 Using firearm to resist arrest
Level 5 imprisonment or Level 5 fine
Level 5 imprisonment (10 years) or Level 5 fine (1200 penalty
units)
Section 30 Threatening injury to prevent arrest
Level 7 imprisonment (5 years)
Level 6 imprisonment
Section 31 Assaults
Level 8 imprisonment (3 years)
Level 6 imprisonment
Section 32 Performing female genital mutilation
Level 4 imprisonment (12½ years)
Level 4 imprisonment (15 years)
Section 33 Taking a person from the State to perform female genital
mutilation
Level 4 imprisonment (12½ years)
Level 4 imprisonment (15 years
Section 38 Rape
25 years imprisonment
Level 2 imprisonment (25 years)
Section 39 Indecent assault
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 40 Assault with intent to rape
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 44 Incest
Subsection (2) with an under 18 child etc. of de facto spouse
Level 2 imprisonment (20 years)
Level 2 imprisonment (25 years)
Subsection (3) with father or mother etc. where offender is 18 or
older
Subsection (4) with sister or brother etc.
Level 6 imprisonment (7½ years)
Level 6 imprisonment (7½ years)
Level 6 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 45 Sexual penetration of child under 10
Level 2 imprisonment (20 years)
Level 2 imprisonment (25 years)
Section 46 Sexual penetration of child
Subsection (1)(a) under care, supervision or authority
Subsection (1)(b) any other case
Level 3 imprisonment (15 years)
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)
Level 5 imprisonment (10 years)
Section 47 Indecent act with child under 16
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 47A Sexual relationship with child under 16
Maximum penalty for the relevant offence
Level 2 imprisonment (25 years)
Section 48 Sexual penetration of a 16 or 17 year old child (under care,
supervision or authority)
Level 8 imprisonment (3 years)
Level 5 imprisonment (10 years)
Section 49 Indecent act with 16 year old child
Level 8 imprisonment (3 years)
Level 6 imprisonment
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 49A Facilitating sexual offences against children
Level 2 imprisonment (20 years)
Level 3 imprisonment (20 years)
Section 51 impaired
mental functioning by medical or therapeutic service provider
Subsection (2) Indecent act with person with impaired mental functioning by
medical or therapeutic service provider
Level 8 imprisonment (3 years)
Level 6 imprisonment
Section 52
Subsection (2) Indecent act by worker of resident in residential
facilities
Level 8 imprisonment (3 years)
Level 6 imprisonment
Section 53 Administering drug for sexual penetration
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 54 Occupier, etc. inducing or knowingly allowing unlawful sexual
penetration
(a) where child is aged
(b) where child is aged
Level 5 imprisonment (10 years)
Level 7 imprisonment (5 years)
Level 4 imprisonment (15 years)
Level 5 imprisonment (10 years)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 55 Abduction or detention for sexual penetration
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 56 Abduction of child under 16 for sexual penetration
Level 6 imprisonment
Level 6 imprisonment
Section 57
Subsection (2) Procuring sexual penetration by fraud
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 58 Procuring sexual penetration of child under 16
Level 7 imprisonment (5 years)
Level 6 imprisonment
Section 59 Bestiality
Level 7 imprisonment (5 years)
Level 6 imprisonment
Section 60 Soliciting acts of sexual penetration or indecent
acts
Level 10 imprisonment or Level 10 fine (1 year or 120 Penalty
Units)
Level 8 imprisonment (1 year) or Level 11 fine (60 Penalty Units)
Section 60A Sexual offence while armed with an offensive weapon
Level 8 imprisonment (3 years)
Level 7 imprisonment (2 years)
60B Loitering near schools etc.
Level 10 imprisonment or Level 11 fine (1 year or 60 Penalty
Units)
Level 8 imprisonment (1 year)
Section 63
Subsection (2) Takes, decoys or entices away a child
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 63A Kidnapping
Level 2 imprisonment (20 years)
Level 2 imprisonment (25 years)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 64 Bigamy
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 65 Abortion (attempt to procure)
Level 6 imprisonment (7½ years)
Level 5 imprisonment (10 years)
Section 66 Supplying or procuring anything to be employed in
abortion
Level 8 imprisonment (3 years)
Level 6 imprisonment (5 years)
Section 67 Concealing birth of a child
Level 11 imprisonment
6 months
Section 68 Production of child pornography
Level 9 imprisonment (2 years)
Level 5 imprisonment (10 years)
Section 69 Procuring of minor for child pornography
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)
Section 70 Possession of child pornography
Level 10 imprisonment (1 year)
Level 7 imprisonment (2 years)
Section 70A Piracy with violence
Level 3 imprisonment (15 years)
Level 3 imprisonment (20 years)
Section 70B Piratical acts
Level 1 imprisonment (Life)
Level 3 imprisonment (20 years)
Section 70C Trading etc. with pirates
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 70D Being found on board piratical vessel and unable to prove
non-complicity
Level 11 imprisonment
Level 6 imprisonment (5 years)
Section 74 Theft
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 75 Robbery
Level 4 imprisonment (12½ years)
Level 4 imprisonment (15 years)
Section 75A Armed robbery
Level 2 imprisonment (20 years)
Level 2 imprisonment (25 years)
Section 76 Burglary
Level 4 imprisonment (12½ years)
Level 5 imprisonment (10 years)
Section 77 Aggravated burglary
Level 3 imprisonment (15 years)
Level 2 imprisonment (25 years)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 78 Removal of articles from places open to the public
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 80(1) Unlawfully taking control of an aircraft
Subsection (2) where force or violence etc. is used
Level 4 imprisonment (12½ years)
Level 3 imprisonment (15 years)
Level 4 imprisonment (15 years)
Level 3 imprisonment (20 years)
Section 81 Obtaining property by deception
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 82 Obtaining financial advantage by deception
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 83 False accounting
Level 6 imprisonment (7½ years)
Level 5 imprisonment (10 years)
Section 83A Falsification of documents
Subsection (5C)
Level 9 imprisonment (2 years)
Level 6 imprisonment (5 years)
Section 85 False statements by company directors etc.
Level 6 imprisonment (7½ years)
Level 5 imprisonment (10 years)
Section 86 Suppression etc. of documents
Level 6 imprisonment (7½ years)
Level 5 imprisonment
Section 87 Blackmail
Level 4 imprisonment (12½ years)
Level 4 imprisonment (15 years)
Section 88 Handling stolen goods
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)
Section 89 Advertising rewards for return of goods stolen or
lost
Level 13 fine
Level 13 fine
(5 Penalty Units)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 91 Going equipped for stealing etc.
Level 8 imprisonment (3 years)
Level 7 imprisonment
Section 176 Receipt or solicitation of secret commission by an agent
fine
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty
Units)
fine
Level 5 imprisonment (10 years) and/orfine (1200 Penalty
Units)
Section 178 Giving or receiving false or misleading receipt or account
fine
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty
Units)
fine (1200 Penalty
Units)
Level 5 imprisonment (10 years) and/orfine
Section 179 Gift or receipt of secret commission in return for advice
given
fine
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty
Units)
fine (1200 Penalty
Units)
Level 5 imprisonment (10 years) and/orfine
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 180 Secret commission to trustee in return for substituted
appointment
• corporation
• other person
Level 5 fine
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty
Units)
corporation ; level 5 fine (1200 Penalty Units)
person ;fine
Section 181 Aiding and abetting offences within or outside
Victoria
• corporation
• other person
Level 5 fine
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty
Units)
Level 5 fine (1200 Penalty Units)
Level 5 imprisonment (10 years) and/orfine
Section 182 Liability of directors etc. acting without
authority
• corporation
• other person
Level 5 fine
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty
Units)
Level 5 fine (1200 Penalty Units)
Level 5 imprisonment (10 years) and/orfine (1200 Penalty
Units)
Section 191(1) Fraudulently inducing persons to invest money
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 197 Destroying or damaging property
Subsection (2) damaging property intending to endanger another's
life
Subsection (3) damaging property for gain
Subsection (7) Arson
Level 4 imprisonment
Level 5 imprisonment (10 years)
Level 4 imprisonment (12½ years)
Level 4 imprisonment (15 years)
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)
Section 197A Arson causing death
not applicable
Level 2 imprisonment (25 years)
Section 198 Threats to destroy or damage property
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 199 Possessing anything with intent to destroy or damage
property
Level 8 imprisonment (3 years)
Level 6 imprisonment (5 years)
Section 206 Rioters demolishing buildings
Subsection (2)
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 207 Forcible entry
Level 10 imprisonment and/or Level 10 fine
Level 8 imprisonment (1 year)
Section 225 Conveying water into a mine
Level 6 imprisonment (7½ years)
Level 6 imprisonment (5 years)
Section 228 Removing etc. piles of sea banks
Level 6 imprisonment (7½ years)
Level 6 imprisonment (5 years)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 232 Placing things on railways to obstruct or overturn engine
etc.
Level 6 imprisonment (7½ years)
Level 5 imprisonment (10 years)
Section 233 Obstructing engine, carriage etc. on railway
Level 9 imprisonment (2 years)
Level 7 imprisonment 2 years
Section 244 Altering signals or exhibiting false ones
Level 6 imprisonment (7½ years)
Level 5 imprisonment (10 years)
Section 245 Removing buoy etc.
Level 8 imprisonment (3 years)
Level 6 imprisonment (5 years)
Section 246A Endangering safe operation of an aircraft
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)
Section 246B Setting fire etc. to aircraft
Level 6 imprisonment (7½ years)
Level 4 imprisonment (15 years)
Section 246C Endangering safety of aircraft
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)
Section 246D(1) Dangerous goods on aircraft
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 246E Threats to safety of aircraft
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 247 False statements
Level 9 imprisonment (2 years)
Level 6 imprisonment (5 years)
Section 248 subsections (1)–(3) Contamination of goods
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty
Units)
Level 5 imprisonment (10 years)
Section 314 Perjury
Level 4 imprisonment (12½ years)
Level 4 imprisonment (15 years)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 316(1) Unlawful oaths to commit treason, murder etc.
Section 316(2) Unlawful oaths for other offences
Level 7 imprisonment (5 years)
Level 8 imprisonment (3 years)
Level 5 imprisonment (10 years)
Level 6 imprisonment (5 years)
Section 317 Offences connected with explosive substances
Subsection (3)
Subsection (4)
Level 5 imprisonment (10 years)
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)
Level 6 imprisonment (5 years)
Section 317A Bomb hoaxes
Level 7 imprisonment and/or Level 7 fine
Level 6 imprisonment (5 years)
Section 318 Culpable driving causing death
Level 3 imprisonment and/or Level 3 fine
Level 3 imprisonment (20 years)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 321C Penalties for conspiracy;
Subsection (1)(b) to commit an offence where the penalty is imprisonment
for a term the maximum length of which is not prescribed
Subsection (1)(ba) to commit murder or treason or piratical acts
Subsection (1)(d) to commit a summary offence
Level 5 imprisonment (10 years)
Level 1 imprisonment (Life)
Level 8 imprisonment (3 years)
Level 4 imprisonment (15 years) (for common law
offences)
Level 1 imprisonment (Life)
Level 6 imprisonment (5 years)
Subsection (2) to commit an offence against a law in force only in a place
outside Victoria—
(a) punishable by a
(b) in any other case
Level 7 imprisonment (5 years)
Level 7 fine
Liable to the maximum prescribed as if the conspiracy was to commit an
offence against the laws of Victoria
Level 7 fine
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 321I Penalties for incitement
Subsection (1)(a) to commit an offence with a prescribed maximum
Subsection (1)(b) to commit an offence where the penalty is imprisonment
for a term the maximum length of which is not prescribed
Subsection (1)(ba) to commit murder or treason or piratical acts
Subsection (1)(d) to commit a summary offence
Liable to the maximum prescribed for the offence
Level 7 imprisonment (5 years)
Level 1 imprisonment (Life)
Level 8 imprisonment (3 years)
Liable to the maximum prescribed for the substantive offence
Level 4 imprisonment (15 years)
Life
Level 6 imprisonment (5 years)
Subsection (2) to commit an offence against a law in force only in a place
outside Victoria—
(a) punishable by a
(b) in any other case
Level 7 imprisonment (5 years)
Level 7 fine
Liable to the maximum prescribed as if the incitement was to commit an
offence against the laws of Victoria
Level 7 fine
Section 321P Penalties for attempt
See item 94 of
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 325
Subsection (4)(b) in any other case
imprisonment for a term not more than 60 months nor more than ½
the length of the longest term which may be imposed on first conviction for the
principal offence
imprisonment for a term not more than 60 months nor more than ½
the length of the longest term which may be imposed on first conviction for the
principal offence
Section 326 Concealing offences for benefit
Level 10 imprisonment (1 year)
Level 8 imprisonment (1 year)
Section 343 Obstruction
Level 11 fine
Level 11 fine
Section 357(3) Failing or refusing to comply with a warrant to discharge
a person from imprisonment
5 Penalty Units
5 Penalty Units
Section 415(1A) Issue of warrant when witness does not appear
Level 13 fine
Level 13 fine
Section 443A Failing to comply with an undertaking to the Director of
Public Prosecutions
Level 12 fine (10 penalty units)
Level 12 fine (10 penalty units)
Section 456AA Requirement to give name and address
Level 13 fine
Level 13 fine
Section 456E Offence by an employee or member of a law enforcement
agency
Level 10 fine
Level 10 fine
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM
PENALTY
NEW
PRESCRIBED MAXIMUM PENALTY
Section 464O Destruction of records
Level 12 fine
Level 12 fine
Section 464ZG Destruction of identifying information
Level 10 imprisonment or Level 10 fine
Level 10 imprisonment or Level 10 fine
Section 479A Rescuing of a prisoner from lawful custody
Level 5 imprisonment (10 years)
Level 5 imprisonment
Section 479B Aiding a prisoner in escaping
Level 7 imprisonment (5 years)
Level 6 imprisonment
Section 479C Escape and related offences
Level 7 imprisonment (5 years)
Level 6 imprisonment
Maximum penalties introduced for common law offences for
which no statutory maximum penalty had previously been fixed
OFFENCE
PRESCRIBED MAXIMUM PENALTY
Affray
Level 6 imprisonment (5 years)
Attempting to pervert the course of justice
Level 2 imprisonment (25 years)
Breach of Prison
Level 6 imprisonment (5 years)
Bribery of Public official
Level 5 imprisonment (10 years)
Common assault
Level 6 imprisonment (5 years)
Conspiracy to cheat and defraud
Level 4 imprisonment (15 years)
Conspiracy to defraud
Level 4 imprisonment (15 years)
Criminal defamation
Level 5 imprisonment (10 years)
Embracery
Level 4 imprisonment (15 years)
False imprisonment
Level 5 imprisonment (10 years)
Kidnapping
Level 2 imprisonment (25 years)
Misconduct in public office
Level 5 imprisonment (10 years)
Perverting the course of justice
Level 2 imprisonment (25 years)
Public Nuisance
Level 6 imprisonment (5 years)
Riot
Level 5 imprisonment (10 years)
Rout
Level 6 imprisonment (5 years)
Unlawful assembly
Level 6 imprisonment (5 years)
Amendments to the maximum penalties of other
Acts
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY
NEW PRESCRIBED MAXIMUM PENALTY
Crimes (Confiscation of Profits) Act 1986
Section 41Q Money laundering
10 years imprisonment
Level 3 imprisonment
Drugs, Poisons and Controlled Substances Act 1981
Section 71 Trafficking in a drug of dependence—
(a) commercial
(b) any other case
15 years imprisonment and/or 1000 penalty units
Level 4 imprisonment (15 years) and/or 1000 penalty units
Section 72 Cultivation of a narcotic plant—
(a) not for any
(b) any other case
1 year imprisonment and/or 20 penalty units
15 years imprisonment and/or 1000 penalty units
Level 8 imprisonment (1 year) and/or
Level 4 imprisonment (15 years) and/or 1000 penalty units
Section 73 Possession of a drug of dependence—
(a) small quantity
(b) not for a purpose
(c) any other case
5 penalty units
1 year imprisonment and/or 30 penalty units
5 years imprisonment and/or 400 penalty units
5 penalty units
Level 8 imprisonment (1 year) and/or
Level 6 imprisonment (5 years) and/or
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY
NEW PRESCRIBED MAXIMUM PENALTY
Section 78 Conspiring
same penalty and punishment as if the offender committed the
offence
same penalty and punishment as if the offender committed the
offence
Legal Practice Act 1996
Section 188 Solicitor defalcation
10 years imprisonment
Level 4 imprisonment (15 years)
Section 263 Improperly destroying property
3 years imprisonment
Level 6 imprisonment (5 years)
Prisoners (Interstate Transfer) Act 1983
Section 33(1) Escape from custody
7 years imprisonment
Level 6 imprisonment (5 years)
Prostitution Control Act 1994
Section 5 Causing or inducing child to take part in prostitution
7 years imprisonment
Level 5 imprisonment (10 years)
Section 6 Obtaining payment for sexual services provided by a
child
7 years imprisonment
Level 4 imprisonment (15 years)
Section 7 Agreement for provision of sexual services by a child
7 years imprisonment
Level 4 imprisonment (15 years)
Section 8 Forcing person into or to remain in prostitution
7 years imprisonment
Level 5 imprisonment (10 years)
Section 9 Forcing person to provide financial support out of
prostitution
7 years imprisonment
Level 5 imprisonment (10 years)
Section 10 Living on earnings of prostitute
4 years imprisonment
Level 6 imprisonment (5 years)
OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY
NEW PRESCRIBED MAXIMUM PENALTY
Section 11 Allowing child to take part in prostitution
4 years imprisonment
Level 5 imprisonment (10 years)
Section 22(1) and (3) Prostitution service providers to be
licensed
3 years imprisonment and/or 360 penalty units
Level 6 imprisonment (5 years) and/or 360 penalty units
[20] section 10A of the Sentencing Amendment (Emergency
Workers) Act 2014 , No. 69/2014 (as amended by Nos 72/2014, 79/2014)
(repealed ) is not included in this publication, as section 10A never
commenced. Commencement of section 10A was contingent upon legislation that was
not enacted: see section 2(1) of No. 69/2014 (as amended by No. 79/2014
section 66).
