Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 48

Amendment of Sentencing Act 1991

48. Amendment of Sentencing Act 1991

After section 5(2B) of the Sentencing Act 1991 insert-

"(2BA) In sentencing an offender, a court-

   (a)  must not have regard to the fact that the offender is subject to an
        extended supervision order under the
        Serious Sex Offenders Monitoring Act 2005 but, if relevant to the
        conditions of any sentence imposed by it, may have regard to the
        conditions of that order and the terms of any current directions or
        instructions given by the Adult Parole Board under section 16 of that
        Act;

   (b)  must not have regard to any possibility or likelihood of an
        application being made under that Act for an extended supervision
        order in respect of the offender.

(2BB) For the purposes of subsection (2BA)(a), the court may request the
Secretary within the meaning of the Serious Sex Offenders Monitoring Act 2005
to provide it with a report setting out-

   (a)  the conditions of the extended supervision order to which the offender
        is subject under that Act; and

   (b)  the terms of any current directions or instructions given by the Adult
        Parole Board under section 16 of that Act in relation to that order.".