Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES LEGISLATION AMENDMENT ACT 2016 (NO. 28 OF 2016) - SECT 3

Custodial sentence for certain offences against emergency workers and custodial officers on duty

    (1)     In the heading to section 10AA of the Sentencing Act 1991 , after " emergency workers " insert " and custodial officers ".

    (2)     In section 10AA(1), (2) and (4) of the Sentencing Act 1991 , after "emergency worker on duty" insert "or a custodial officer on duty".

    (3)     In section 10AA(5) of the Sentencing Act 1991

        (a)     in paragraph (a), after "emergency worker on duty" insert "or a custodial officer on duty (as the case may be)";

        (b)     in paragraph (b), after "emergency worker" insert "or a custodial officer (as the case may be)".

    (4)     In section 10AA(8) of the Sentencing Act 1991 insert the following definition—

""custodial officer "means—

        (a)     a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986 ; or

        (b)     a police custody officer within the meaning of the Victoria Police Act 2013 ; or

        (c)     a person authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act; or

        (d)     a person authorised under section 9A(1A) or (1B) of the Corrections Act 1986 to exercise a function or power referred to in that subsection;".

    (5)     After section 10AA(9) of the Sentencing Act 1991 insert

    "(10)     For the purposes of this section a custodial officer is on duty if—

        (a)     in the case of a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986 , the Governor or officer is exercising a function or power as a Governor, prison officer or escort officer (as the case may be); or

        (b)     in the case of a police custody officer within the meaning of the Victoria Police Act 2013 , the officer is exercising a function or power as a police custody officer; or

        (c)     in the case of a person authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act, the person is exercising a function or power specified in the instrument of authorisation; or

        (d)     in the case of a person authorised under section 9A(1A) or (1B) of the Corrections Act 1986 , the person is exercising a function or power specified in the instrument of authorisation.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback