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PARLIAMENT OF VICTORIA
Sentencing Legislation Amendment (Abolition of
Home Detention) Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 1
PART 2--AMENDMENTS TO THE CORRECTIONS ACT 1986 3
3 Definitions 3
4 Persons not regarded to be in the Secretary's legal custody 3
5 Victim may be given certain information about a prisoner 3
6 Repeal of Division 4 of Part 8 3
7 Secretary to supply assistance to Board 3
8 Reports 4
9 Officers subject to Board's directions 4
10 Regulations 4
11 New section 120 inserted 4
120 Transitional provision--Sentencing Legislation
Amendment (Abolition of Home Detention) Act 2011 4
PART 3--AMENDMENTS TO THE SENTENCING ACT 1991 5
12 Definitions 5
13 Sentences 5
14 Home detention direction by sentencing court 5
15 Time held in custody before trial etc. to be deducted from
sentence 5
16 Home detention condition when combined custody and
treatment order is imposed 5
17 Home detention condition when drug treatment order is
imposed 5
18 Home detention condition when intensive correction order is
imposed 6
19 Repeal of Subdivision (2A) of Division 2 of Part 3 6
20 Home detention condition when suspended sentence is imposed 6
21 Home detention condition when community-based order is
imposed 6
22 Repeal of Division 2B of Part 6 6
571032B.I-15/6/2011 i BILL LA INTRODUCTION 15/6/2011
Clause Page
23 Regulations 6
24 New section 141A inserted 6
141A Transitional provision--Sentencing Legislation
Amendment (Abolition of Home Detention) Act 2011 6
PART 4--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 8
25 Repeal of section 131 of the Personal Safety Intervention
Orders Act 2010 8
26 Repeal of section 51A of the Stalking Intervention Orders
Act 2008 8
27 Repeal of certain provisions of the Family Violence Protection
Act 2008 8
PART 5--REPEAL OF AMENDING ACT 9
28 Repeal of Amending Act 9
ENDNOTES 10
571032B.I-15/6/2011 ii BILL LA INTRODUCTION 15/6/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Sentencing Legislation Amendment
(Abolition of Home Detention) Bill 2011
A Bill for an Act to amend the Corrections Act 1986 and the
Sentencing Act 1991 to repeal provisions relating to home
detention orders and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are to amend the
Corrections Act 1986 and the Sentencing Act
5 1991 to provide for the repeal of provisions
relating to home detention orders and for other
purposes.
2 Commencement
(1) Subject to subsection (2), this Act comes into
10 operation on a day or days to be proclaimed.
571032B.I-15/6/2011 1 BILL LA INTRODUCTION 15/6/2011
Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011
Part 1--Preliminary
s. 2
(2) If a provision of this Act does not come into
operation before 1 June 2012, it comes into
operation on that day.
__________________
571032B.I-15/6/2011 2 BILL LA INTRODUCTION 15/6/2011
Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011
Part 2--Amendments to the Corrections Act 1986
s. 3
PART 2--AMENDMENTS TO THE CORRECTIONS ACT 1986
3 Definitions
In section 3(1) of the Corrections Act 1986-- See:
Act No.
117/1986.
(a) in the definition of correctional order, Reprint No. 8
5 paragraph (i) is repealed; as at
2 April 2009
(b) the definition of home detention order is and
amending
repealed. Act Nos
55/2009,
68/2009,
69/2009,
91/2009,
13/2010,
29/2010,
30/2010,
53/2010 and
64/2010.
LawToday:
www.
legislation.
vic.gov.au
4 Persons not regarded to be in the Secretary's legal
custody
10 Section 6C(1)(bb) of the Corrections Act 1986 is
repealed.
5 Victim may be given certain information about a
prisoner
In section 30A(2)(b) of the Corrections Act 1986
15 omit ", home detention".
6 Repeal of Division 4 of Part 8
Division 4 of Part 8 of the Corrections Act 1986
is repealed.
7 Secretary to supply assistance to Board
20 Section 70(1)(aa) of the Corrections Act 1986 is
repealed.
571032B.I-15/6/2011 3 BILL LA INTRODUCTION 15/6/2011
Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011
Part 2--Amendments to the Corrections Act 1986
s. 8
8 Reports
Section 72(1)(ba), (bb) and (bc) of the
Corrections Act 1986 are repealed.
9 Officers subject to Board's directions
5 In section 73(1) of the Corrections Act 1986
omit "or home detention order".
10 Regulations
In section 112(1)(n) of the Corrections Act 1986
omit ", home detention orders".
10 11 New section 120 inserted
After section 119 of the Corrections Act 1986
insert--
"120 Transitional provision--Sentencing
Legislation Amendment (Abolition of
15 Home Detention) Act 2011
(1) In this section--
2011 Act means the Sentencing Legislation
Amendment (Abolition of Home
Detention) Act 2011;
20 old home detention order means a home
detention order within the meaning of
section 3 as in force before the
commencement of section 6 of the 2011
Act, being an order in force
25 immediately before that
commencement.
(2) Despite the commencement of section 6 of
the 2011 Act, an old home detention order is
taken to continue in force on and from that
30 commencement as if this Act, as in force
before that commencement, continued to
apply to it.".
__________________
571032B.I-15/6/2011 4 BILL LA INTRODUCTION 15/6/2011
Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011
Part 3--Amendments to the Sentencing Act 1991
s. 12
PART 3--AMENDMENTS TO THE SENTENCING ACT 1991
12 Definitions
In section 3(1) of the Sentencing Act 1991, the See:
Act No.
definition of home detention order is repealed. 49/1991.
Reprint No. 12
as at
1 January
2011
and
amending
Act Nos
30/2010,
43/2010,
53/2010,
77/2010 and
9/2011.
LawToday:
www.
legislation.
vic.gov.au
5 13 Sentences
Section 7(1)(ba) of the Sentencing Act 1991 is
repealed.
14 Home detention direction by sentencing court
Section 14A of the Sentencing Act 1991 is
10 repealed.
15 Time held in custody before trial etc. to be deducted
from sentence
Section 18(2)(bb) of the Sentencing Act 1991 is
repealed.
15 16 Home detention condition when combined custody
and treatment order is imposed
Section 18SA of the Sentencing Act 1991 is
repealed.
17 Home detention condition when drug treatment
20 order is imposed
Section 18ZGA of the Sentencing Act 1991 is
repealed.
571032B.I-15/6/2011 5 BILL LA INTRODUCTION 15/6/2011
Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011
Part 3--Amendments to the Sentencing Act 1991
s. 18
18 Home detention condition when intensive correction
order is imposed
Section 21A of the Sentencing Act 1991 is
repealed.
5 19 Repeal of Subdivision (2A) of Division 2 of Part 3
Subdivision (2A) of Division 2 of Part 3 of the
Sentencing Act 1991 is repealed.
20 Home detention condition when suspended sentence
is imposed
10 Section 27A of the Sentencing Act 1991 is
repealed.
21 Home detention condition when community-based
order is imposed
Section 41A of the Sentencing Act 1991 is
15 repealed.
22 Repeal of Division 2B of Part 6
Division 2B of Part 6 of the Sentencing Act 1991
is repealed.
23 Regulations
20 Section 116(1)(a) of the Sentencing Act 1991 is
repealed.
24 New section 141A inserted
After section 141 of the Sentencing Act 1991
insert--
25 "141A Transitional provision--Sentencing
Legislation Amendment (Abolition of
Home Detention) Act 2011
(1) In this section--
2011 Act means the Sentencing Legislation
30 Amendment (Abolition of Home
Detention) Act 2011;
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Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011
Part 3--Amendments to the Sentencing Act 1991
s. 24
old home detention order means a home
detention order within the meaning of
section 3 as in force before the
commencement of section 19 of the
5 2011 Act, being an order in force
immediately before that
commencement.
(2) Despite the commencement of section 19 of
the 2011 Act, an old home detention order is
10 taken to continue in force on and from that
commencement as if this Act, as in force
before that commencement, continued to
apply to it.".
__________________
571032B.I-15/6/2011 7 BILL LA INTRODUCTION 15/6/2011
Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011
Part 4--Consequential amendments to other Acts
s. 25
PART 4--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
25 Repeal of section 131 of the Personal Safety
Intervention Orders Act 2010
5 Section 131 of the Personal Safety Intervention
Orders Act 2010 is repealed.
26 Repeal of section 51A of the Stalking Intervention
Orders Act 2008
Section 51A of the Stalking Intervention Orders
10 Act 2008 is repealed.
27 Repeal of certain provisions of the Family Violence
Protection Act 2008
(1) Section 17(8) of the Family Violence Protection
Act 2008 is repealed.
15 (2) Section 24(da) of the Family Violence Protection
Act 2008 is repealed.
(3) Section 176A of the Family Violence Protection
Act 2008 is repealed.
__________________
571032B.I-15/6/2011 8 BILL LA INTRODUCTION 15/6/2011
Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011
Part 5--Repeal of Amending Act
s. 28
PART 5--REPEAL OF AMENDING ACT
28 Repeal of Amending Act
This Act is repealed on 1 June 2013.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571032B.I-15/6/2011 10 BILL LA INTRODUCTION 15/6/2011
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