JUSTICE LEGISLATION MISCELLANEOUS AMENDMENT ACT 2018 (NO. 48 OF 2018)
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Supreme Court or County Court may exercise sentencing powers of Children's Court
- 4 New section 631 inserted
PART 3--AMENDMENT OF CORONERS ACT 2008 AND CONSEQUENTIAL AMENDMENTS
Division 1--Coroners Act 2008
- 5 Reportable death
- 6 Determination by coroner that reported death not a reportable death
- 7 Certain reportable deaths do not require investigation
- 8 New section 76A inserted
- 9 Section 77 amended
- 10 Appeal in relation to determination that death not a reportable death
- 11 Appeal against refusal by Coroners Court to re-open investigation
- 12 Appeal to Supreme Court
- 13 New section 118A inserted
- 14 Clause 23 of Schedule 1 inserted
- 15 Notification of cause of death by coroner
Division 1--Aboriginal persons in custody
- 16 Definitions
- 17 New section 464AAB inserted
- 18 New section 464FA inserted
Division 2--Forensic procedure orders
- 19 Registration of orders
Division 3--Dangerous driving
- 19A Dangerous driving causing death or serious injury
Division 1--Cross-examination of witnesses in certain committal proceedings
- 20 Section 99 repealed
- 21 Hearings in a committal proceeding and attendance of accused
- 22 Contents of case direction notice
- 23 Late application for leave to cross-examine witness
- 24 Section 123 substituted
- 25 Leave required to cross-examine other witnesses
- 26 Committal mention hearing
- 27 Determination of committal proceeding where hand-up brief used
Division 2--Pre-trial examination and cross-examination of witnesses
- 28 Part 4.11 repealed
- 29 New Division heading inserted
- 30 Order for taking evidence from a witness before trial
- 31 New sections 198A, 198B and 198C inserted
Division 3--Admission of recorded evidence in sexual offence cases
- 32 Admission of recording of evidence of complainant
Division 4--Presence of witnesses in courtroom
- 33 Victim who is a witness entitled to be present in court
Division 5--Indictable offences that may be heard and determined summarily
- 34 Indictable offences that may be heard and determined summarily
Division 6--DPP's right of appeal
- 35 DPP's right of appeal—failure to fulfil undertaking
- 36 New sections 290A, 290B, 290C and 290D inserted
- 37 New evidence—effect on sentence
- 38 Ancillary orders
- 39 Consequential amendment—Appeal Costs Act 1998
Division 7--Transitional provisions and miscellaneous amendments
- 40 Special hearing for recording evidence
- 41 Statute law revision
- 42 Section 449 inserted
- 43 New section 45BA inserted
- 44 Acceptance or rejection of referral
- 45 Notice of decision
- 46 Certificate of conciliation—dispute not suitable for conciliation
- 47 Withdrawal of referral or matter referred
- 48 Notice if dispute not resolved by conciliation
- 49 Report if building work defective or incomplete
- 50 Notice to insurer
- 51 Certificate of conciliation required to bring proceeding in VCAT to resolve domestic building work dispute
- 52 Publication of directions
Division 1--Rebate statements
- 53 Offence not to give certain information about commission
- 54 New Division 3 of Part IX inserted
Division 2--Miscellaneous
- 55 Definitions
- 56 Secretary's power to enter into arrangements with financial institutions
- 58 Procedural requirements for person directed to a police station, or person apprehended and detained
- 59 Relationship with certain orders under the Sentencing Act 1991
- 60 New Division 12 inserted in Part 14
- 61 Permission for retired person to use title
- 62 New section 40A inserted
- 66 Definitions
- 67 Offence to operate a rooming house without a licence
- 68 Application for licence—licence disqualification criteria
- 69 Application for renewal of licence—renewal disqualification criteria
- 70 Disciplinary powers of VCAT—orders
- 71 Entry without consent or warrant
- 72 New section 79A inserted
PART 14--AMENDMENT OF SENTENCING ACT 1991 AND CONSEQUENTIAL AMENDMENTS
Division 1--Sentencing Act 1991
- 73 Definitions—category 1 offences
- 74 Definitions—category 2 offences
- 75 Definitions inserted
- 76 Sentencing guidelines
- 77 Definition of serious sexual offender
- 78 Assaulting, etc. emergency workers, custodial officers and youth justice custodial workers on duty
- 79 Special reasons relevant to imposing minimum non-parole periods
- 80 New section 44A inserted
- 81 Powers of the court on finding of guilt for contravention of community correction order
- 82 New section 115F inserted
- 83 New section 168 inserted
- 84 Statute law revision
Division 2--Consequential amendment of Crimes Act 1958
- 85 Causing serious injury intentionally
- 86 Causing serious injury recklessly
- 87 Causing injury intentionally or recklessly
- 88 Armed robbery
- 89 Home invasion
- 90 Aggravated home invasion
- 91 Carjacking
- 92 Aggravated carjacking
- 93 Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
- 94 Aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
- 95 Culpable driving causing death
- 96 Dangerous driving causing death
PART 15--REPEAL OF AMENDING ACT
