Victorian Numbered Acts

COURTS AND SENTENCING LEGISLATION AMENDMENT ACT 2012 (NO. 26 OF 2012) - SECT 70

    (1)     After clause 10(1) of Schedule 3 to the Sentencing Act 1991 insert —

    "(1A)     An offender who is subject to an old community-based order (fines) must not, unless that person has a reasonable excuse, contravene that order.

Penalty:     Level 10 fine.".

    (2)     After clause 10(2) of Schedule 3 to the Sentencing Act 1991 insert —

    "(2A)     Subclause (1A) does not apply to a contravention of an old community-based order (fines) that occurs before the commencement of section 70 of the Courts and Sentencing Legislation Amendment Act 2012 .".

    (3)     In clause 10(3) of Schedule 3 to the Sentencing Act 1991 for "subclause (1)" (wherever occurring) substitute "subclause (1) or (1A)".

    (4)     After clause 10(3) of Schedule 3 to the Sentencing Act 1991 insert —

    '(3A)     In addition to subclause (3) and subject to subclause (4)—

        (a)     Part 3C applies to an offence under subclause (1A) where an offender is subject to an old community-based order (fines) as if any reference in that Part to an offence under section 83AD were a reference to an offence under subclause (1A); and

        (b)     section 63A(3) applies to an offence under subclause (1A) as if in that section a reference to a "fine conversion order or a fine default unpaid community work order" were a reference to an "old community-based order (fines),".'.

    (5)     In clause 10(4) of Schedule 3 to the Sentencing Act 1991 for "subclause (1)" substitute "subclause (1) or (1A)".
s. 70

    (6)     For clause 10(4)(a) of Schedule 3 to the Sentencing Act 1991 substitute —

    "(a)     whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or".

    (7)     After clause 10(5) of Schedule 3 to the Sentencing Act 1991 insert —

    "(6)     In this clause, "old community-based order (fines)" means an old community-based order made under Division 4 of Part 3 before the commencement of section 70 of the Courts and Sentencing Legislation Amendment Act 2012 .".

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PART 8—AMENDMENTS TO THE SENTENCING AMENDMENT (COMMUNITY CORRECTION REFORM) ACT 2011