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JUSTICE LEGISLATION MISCELLANEOUS AMENDMENT ACT 2018 (NO. 48 OF 2018)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
PART 2--AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005
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
Division 2--Consequential amendment of Births, Deaths and Marriages Registration Act 1996
15. Notification of cause of death by coroner
PART 4--AMENDMENT OF CRIMES ACT 1958
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
PART 5--AMENDMENT OF CRIMINAL PROCEDURE ACT 2009
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 Section 99 repealed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 Part 4.11 repealed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
PART 6--AMENDMENT OF DOMESTIC BUILDING CONTRACTS ACT 1995
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
PART 7--AMENDMENT OF ESTATE AGENTS ACT 1980
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
PART 8--AMENDMENT OF EVIDENCE ACT 2008
57. Improper questions
PART 9--AMENDMENT OF FAMILY VIOLENCE PROTECTION ACT 2008
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
PART 10--AMENDMENT OF HONORARY JUSTICES ACT 2014
61. Permission for retired person to use title
62. New section 40A inserted
PART 11--AMENDMENT OF PERSONAL SAFETY INTERVENTION ORDERS ACT 2010
63. Relationship with certain orders under the Sentencing Act 1991
64. New Division 4 inserted in Part 13
PART 12--AMENDMENT OF RETIREMENT VILLAGES ACT 1986
65. Regulations
PART 13--AMENDMENT OF ROOMING HOUSE OPERATORS ACT 2016
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
97. Repeal of amending Act
ENDNOTES
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