7 Copies of community correction orders, drug and alcohol treatment orders or fine work orders 4
8 Nature of unpaid community work 4
9 Regional Manager to keep records 5
10 Declaration about time held in custody 6
Part 3—Drug and alcohol treatment orders 7
11 Drug and alcohol treatment order—prescribed person or class of person 7
12 Offender's obligations on contravention of a drug and alcohol treatment order—unpaid community work 7
13 Assessment or treatment under drug and alcohol treatment order under section 18ZF or 18ZG 9
Part 4—Community correction orders 10
14 Matters to be contained in a community correction order 10
15 Offender's obligations under community correction order 11
Part 5—Fines 13
16 Part payment of fine to reduce unpaid community work 13
17 Matters to be contained in a fines work order 13
18 Offender's obligations under a fines work order 15
Part 6—Variation of a sentence 17
19 Application for variation etc. of community correction order 17
20 Application for variation etc. of fines work order 17
21 Variation of community corrections order—prescribed persons 18
22 Variation of instalment order or time to pay order—prescribed persons 19
23 Variation etc. of fines work order—prescribed persons 19
24 Variation of an order for release on adjournment—prescribed persons 19
25 Review of justice plan—prescribed persons 20
26 Review of justice plan condition—prescribed persons 20
Part 7—Contravention of sentence 21
27 Contravention of an order—Schedule 3 to the Act 21
28 Commencement of a proceeding—prescribed persons 21
29 Contravention of an order—process where offender before higher court, orders of that court—prescribed persons 21
30 Proper officer of sentencing court to fix date for transferred proceeding 21
31 Transfer of a proceeding—form of order 21
Part 8—Orders in relation to intellectually disabled offenders and mentally ill offenders 22
32 Review of a justice plan condition 22
33 Court Assessment Orders 22
Part 9—Historical homosexual convictions 23
34 Prescribed period after which a conviction becomes an expunged conviction 23
35 Prescribed notification period 23
36 Prescribed period for data controllers to take action 23
Schedule 1—Forms 24
Schedule 2—Revoked regulations 30
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Endnotes 31
1 General information 31
2 Table of Amendments 33
3 Amendments Not in Operation 34
4 Explanatory details 35
Version No.001
Sentencing Regulations 2021
S.R. No. 170/2021
Version as at
21 December 2021
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to provide for certain orders made under the Sentencing Act 1991; and
(b) to provide for the obligations of offenders in relation to certain orders under that Act; and
(c) to prescribe any matter, form, procedure, person or class of person necessary for the administration of or to give effect to orders made under that Act.
2 Authorising provision
These Regulations are made under section 116 of the Sentencing Act 1991.
3 Commencement
These Regulations come into operation on 21 December 2021.
4 Revocations
The Regulations set out in Schedule 2 are revoked.
5 Definitions
In these Regulations—
holiday means, in relation to a community corrections centre, a day appointed as a public holiday or declared as a bank holiday under the Public Holidays Act 1993 in the place in which the community corrections centre is located;
prohibited poison means any Schedule 8 Poison or Schedule 9 Poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;
specified location means, in relation to a community correction order, drug and alcohol treatment order, fine conversion order or fine default unpaid community work order, any of the following places—
(a) a community corrections centre;
(b) a place which an offender is directed to attend for unpaid community work, treatment and rehabilitation or for any other purpose in accordance with a direction of—
(i) the Secretary; or
(ii) the Regional Manager; or
(iii) a community corrections officer; or
(iv) any other person authorised under the Act, these Regulations or the Corrections Act 1986 or the regulations made under that Act (as the case requires);
the Act means the Sentencing Act 1991;
unauthorised area means an area designated by the Regional Manager or a community corrections officer as an area where an offender must not enter.
Part 2—General matters
6 Delegations—prescribed class of person
For the purposes of section 115B(1)(a)(iii) of the Act, a prescribed class of person in relation to Part 3A or 3B of the Act is a person employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004 at a level of Grade 6 or higher.
7 Copies of community correction orders, drug and alcohol treatment orders or fine work orders
(1) If a court makes a community correction order, drug and alcohol treatment order, or a fines work order, it must as soon as practicable serve a copy of the order on—
(a) the offender; and
(b) the Regional Manager.
(2) A copy of the order under this regulation may be served by—
(a) personal service in accordance with section 391 of the Criminal Procedure Act 2009; or
(b) ordinary service in accordance with section 394 of the Criminal Procedure Act 2009.
(3) Service of a document under this regulation must be proved in accordance with section 399 of the Criminal Procedure Act 2009.
8 Nature of unpaid community work
(1) The unpaid community work that an offender may be required to perform under a drug and alcohol treatment order, community correction order, or a fines work order is any of the following—
(a) work at a hospital, educational or charitable institution or for any other non-profit body;
(b) work at the home of any socially disadvantaged or disabled person or any institution for such persons;
(c) work on any Crown land or land occupied by the Crown;
(d) work on any land owned, leased or occupied for a public purpose by any person or body under any Act.
(2) An offender must not be required to perform work of a nature that would normally be performed by paid labour.
(3) For the purposes of subregulation (1), if it is not reasonable or practicable for the work to be completed onsite, it may be performed at a remote location.
(4) Without limiting subregulation (3), the following circumstances may mean it is not reasonable or practicable for the offender to complete the work onsite—
(a) the existence of a public health or safety risk;
(b) the offender has a disability;
(c) the offender has caring responsibilities;
(d) the offender's residence is situated in a remote location.
9 Regional Manager to keep records
The Regional Manager for the region in which a community corrections centre is located must keep accurate records of—
(a) the dates and hours on which each offender—
(i) has satisfactorily performed unpaid community work; or
(ii) has not satisfactorily performed unpaid community work; and
(b) the times at which the offender attends at the community corrections centre or at other places that the offender is required by the Secretary, the Regional Manager or a community corrections officer (as the case applies) to attend.
10 Declaration about time held in custody
A declaration made by a court under section 18(4) or 35(4) of the Act may be in Form 1 in Schedule 1.
Part 3—Drug and alcohol treatment orders
11 Drug and alcohol treatment order—prescribed person or class of person
For the purposes of sections 18ZH(2)(c), 18ZL(5)(b), 18ZN(2)(b) and 18ZP(3)(c) of the Act, a prescribed class of persons is—
(a) community corrections officers in the Drug Court Division of the Magistrates' Court; or
(b) Drug Court officers in the Drug Court Division of the County Court.
12 Offender's obligations on contravention of a drug and alcohol treatment order—unpaid community work
(1) An offender who is required to attend at a community corrections centre or a specified location, or to perform unpaid community work, under an order made under section 18ZL(1)(d) of the Act for contravening a drug and alcohol treatment order—
(a) must obey all lawful instructions and directions of the Regional Manager or a community corrections officer or a Drug Court officer at the centre or the specified location; and
(b) must not consume any alcohol—
(i) at least 8 hours before attending at the centre or the specified location; or
(ii) when attending at the centre or the specified location; or
(iii) during the performance of unpaid community work; and
(c) must not use a drug of addiction or prohibited poison without lawful authorisation—
(i) when attending at the centre or the specified location; or
(ii) during the performance of unpaid community work; and
(d) must not be under the influence of alcohol, or a drug of addiction or prohibited poison without lawful authorisation, when attending at or while being at the centre or the specified location, or during the performance of unpaid community work; and
(e) must not be in possession of any alcohol, or a drug of addiction or prohibited poison without lawful authorisation, at the centre or the specified location or during the performance of unpaid community work; and
(f) must not leave the centre or the specified location without the permission of the Regional Manager or the community corrections officer or the Drug Court officer to whom the offender is required to report; and
(g) must as soon as practicable notify the Regional Manager or a community corrections officer or a Drug Court officer at the centre or the specified location if the offender is unable to attend on any occasion as directed or required under the order; and
(h) if the offender has not attended on any occasion as directed or required at the centre or specified location as a result of an illness, must give, as soon as practicable, a medical certificate signed by a registered medical practitioner to the Regional Manager or a community corrections officer or a Drug Court officer at the centre or at the specified location; and
(i) must as soon as practicable notify the Regional Manager or a community corrections officer or a Drug Court officer at the centre or at the specified location of any delay in the offender's attendance on any occasion as directed or required under the order; and
(j) must not enter an unauthorised area of the centre without first obtaining permission from the Regional Manager or a community corrections officer or a Drug Court officer.
(2) An offender must attend at a community corrections centre or at a specified location as directed by the Regional Manager or a community corrections officer or a Drug Court officer, and do all things necessary, to have the offender's photograph taken to be included in the records of the community corrections centre.
13 Assessment or treatment under drug and alcohol treatment order under section 18ZF or 18ZG
An offender undergoing any assessment or treatment specified or required under a drug and alcohol treatment order must—
(a) answer all reasonable questions put to the offender; and
(b) undergo all reasonable tests required; and
(c) undergo all reasonable treatment required—
by the person who is authorised to carry out that assessment or treatment.
Part 4—Community correction orders
14 Matters to be contained in a community correction order
(1) A community correction order must specify the following matters—
(a) the name, address, and date of birth (if known or as stated) of the offender and any other information personally identifying the offender;
(b) the offence and the date of the offence for which the offender was found guilty or convicted;
(c) the address and telephone number of the community corrections centre that the offender must report at;
(d) the terms under section 45 of the Act attached to the order;
(e) that regulation 15 prescribes the obligations that the offender must comply with under the order;
(f) whether the order is a mandatory treatment and monitoring order;
(g) the conditions attached to the order in accordance with section 44A(1) of the Act;
(h) the condition or conditions attached to the order in accordance with section 47 of the Act;
(i) the period of the order;
(j) the period of any conditions (if specified by the court);
(k) in relation to any intensive compliance period fixed by the court under section 39 of the Act—
(i) the period that is fixed; and
(ii) the condition or conditions that must be completed by the offender within that period;
(l) the date the order was made by the court;
(m) the date the order commences;
(n) the signature of the judicial officer constituting the court who made the order;
(o) the name and signature of the offender (or if the offender is unable to sign the order, the signature of the offender's legal practitioner) confirming the offender's consent to the order;
(p) any other information the court thinks appropriate to include in the order.
(2) For the purposes of subregulation (1)(o), if an offender or their legal practitioner is unable to sign the order, the offender's consent to the order may be indicated by any other evidence that is satisfactory to the court.
(3) A community correction order must be in writing and be expressed in language likely to be readily understood by the offender.
15 Offender's obligations under community correction order
(1) For the purposes of section 45(1)(ab) of the Act, the following obligations are prescribed in relation to an offender who is required to attend at a community corrections centre or a specified location, or to perform unpaid community work, under a community correction order—
(a) the offender must not consume alcohol—
(i) at least 8 hours before attending at the centre or the specified location; or
(ii) when attending at the centre or the specified location; or
(iii) during the performance of unpaid community work;
(b) the offender must not use a drug of addiction or prohibited poison without lawful authorisation—
(i) when attending at the centre or the specified location; or
(ii) during the performance of unpaid community work;
(c) the offender must not be under the influence of alcohol, or a drug of addiction or prohibited poison without lawful authorisation, when attending at or while being at the centre or the specified location or during the performance of unpaid community work;
(d) the offender must not be in possession of alcohol, or a drug of addiction or prohibited poison without lawful authorisation, at the centre or the specified location or during the performance of unpaid community work.
(2) For the purposes of section 45(1)(ab) of the Act, it is a prescribed requirement that an offender must attend at a community corrections centre or at a specified location as directed by the Regional Manager or a community corrections officer, and do all things necessary, to have the offender's photograph taken and for it to be included in the records of the community corrections centre.
Part 5—Fines
16 Part payment of fine to reduce unpaid community work
(1) For the purposes of section 69U(3) of the Act, payment of a fine may be made—
(a) in person at a community corrections centre between 10.00 a.m. and 4.00 p.m. on any Monday to Friday that is not a holiday; or
(b) by post to a community corrections centre; or
(c) by electronic funds transfer, or by a credit card, to an ADI; or
(d) in cash, or by bank cheque (marked "not negotiable") or money order made payable to the Department of Justice and Community Safety.
(2) A payment by bank cheque is not made until the cheque is honoured on presentation to the relevant bank.
(3) Part payment of a fine made on any occasion must be for a minimum sum of $100.00.
(4) In this regulation—
electronic funds transfer does not include—
(a) a transfer of money over the Internet; or
(b) a withdrawal or transfer of money carried out by telephone banking.
17 Matters to be contained in a fines work order
(1) A fines work order must specify the following matters—
(a) the name, address, and date of birth (if known or as stated) of the offender and any other information personally identifying the offender;
(b) the offence and the date of the offence for which the offender was found guilty;
(c) the total amount of the fine, and costs (if any);
(d) the number of hours of unpaid community work that the offender must perform as fixed under the Act;
(e) the terms attached to the order under section 69V of the Act;
(f) the address and telephone number of the community corrections centre that the offender must report at;
(g) that regulation 18 prescribes the obligations that the offender must comply with under the order;
(h) the date the order was made by the court;
(i) the date the order commences;
(j) the period of the order;
(k) the signature of the proper officer constituting the court who made the order;
(l) the name and signature of the offender (or if the offender is unable to sign the order, the signature of the offender's legal practitioner) confirming the offender's consent to the order;
(m) any other information the court thinks appropriate to include in the order.
(2) A fines work order must be in writing and be expressed in language likely to be readily understood by the offender.
(3) For the purposes of subregulation (1)(mI), if an offender or their legal practitioner is unable to sign the order, the offender's consent to the order may be indicated by any other evidence that is satisfactory to the court.
18 Offender's obligations under a fines work order
(1) For the purposes of section 69V(1) of the Act, the following obligations are prescribed in relation to an offender who is required to perform unpaid community work under a fines work order—
(a) the offender must not consume or be under the influence of alcohol—
(i) when attending at the centre or the specified location; or
(ii) during the performance of unpaid community work;
(b) the offender must not use or be under the influence of a drug of addiction or prohibited poison without lawful authorisation—
(i) when attending at the centre or the specified location; or
(ii) during the performance of unpaid community work;
(c) the offender must not be in possession of alcohol, or a drug of addiction or prohibited poison without lawful authorisation, at the centre or the specified location or during the performance of unpaid community work;
(d) the offender must not leave the centre or the specified location without the permission of the Regional Manager or a community corrections officer;
(e) the offender must as soon as practicable notify the Regional Manager or a community corrections officer if the offender is unable to attend at the centre or the specified location on any occasion required under the order;
(f) the offender must as soon as practicable notify the Regional Manager or a community corrections officer of any delay in the offender's attendance on any occasion as directed or required;
(g) if the offender has not attended on any occasion as directed or required at the centre or the specified location as a result of an illness, the offender must give as soon as practicable a medical certificate signed by a registered medical practitioner to the Regional Manager or a community corrections officer;
(h) the offender must not enter an unauthorised area of the centre without first obtaining permission from the Regional Manager or a community corrections officer.
(2) For the purposes of section 69V(1)(b) of the Act, it is a prescribed requirement that an offender must attend at a community corrections centre or at a specified location as directed by the Regional Manager or a community corrections officer, and do all things necessary, to have the offender's photograph taken and for it to be included in the records of the community corrections centre.
Part 6—Variation of a sentence
19 Application for variation etc. of community correction order
An application under section 48N(1) of the Act must—
(a) be made in writing; and
(b) include the following particulars—
(i) the name and signature of the applicant;
(ii) the name of the respondent;
(iii) the date of the application;
(iv) the grounds for the application;
(v) the court which made the order and the date of the order;
(vi) the date the order commenced and ceases;
(vii) the date, location and venue of the court for the hearing of the application recorded by the proper officer of the court;
(viii) whether the order is a mandatory treatment and monitoring order;
(ix) the conditions attached to the order under section 44A(1) of the Act;
(x) any other relevant information about the order.
20 Application for variation etc. of fines work order
An application under section 68(1) or 69J(1) of the Act must—
(a) be made in writing; and
(b) include the following particulars—
(i) the name and signature of the applicant;
(ii) the name of the respondent;
(iii) the date of the application;
(iv) the grounds for the application;
(v) the court which made the order and the date of the order;
(vi) the date the order commenced and ceases;
(vii) the date, location and venue of the court for the hearing of the application recorded by the proper officer of the court;
(viii) any other relevant information about the order.
21 Variation of community corrections order—prescribed persons
For the purposes of section 48N(1)(a) of the Act, a prescribed person or a prescribed class of person is—
(a) the Chief Commissioner of Police; or
(b) a police officer; or
(c) a Regional Manager; or
(d) a community corrections officer; or
(e) a person employed in the Office of Public Prosecutions who is a lawyer.
22 Variation of instalment order or time to pay order—prescribed persons
For the purposes of section 61(1)(b) of the Act, a prescribed person or a prescribed class of person is—
(a) an informant; or
(b) a police officer; or
(c) a person employed in the Office of Public Prosecutions who is a lawyer.
23 Variation etc. of fines work order—prescribed persons
For the purposes of sections 68(1)(a) and 69J(1)(a) of the Act, a prescribed person or a prescribed class of person is—
(a) the Chief Commissioner of Police; or
(b) a police officer; or
(c) a Regional Manager; or
(d) a community corrections officer; or
(e) a person employed in the Office of Public Prosecutions who is a lawyer.
24 Variation of an order for release on adjournment—prescribed persons
For the purposes of section 78(3)(b) of the Act, a prescribed person or a prescribed class of person is—
(a) an informant; or
(b) a police officer; or
(c) a person employed in the Office of Public Prosecutions who is a lawyer.
25 Review of justice plan—prescribed persons
For the purposes of section 81(2)(c) of the Act, a prescribed person or a prescribed class of person is—
(a) an informant; or
(b) a police officer; or
(c) a person employed in the Office of Public Prosecutions who is a lawyer.
26 Review of justice plan condition—prescribed persons
For the purposes of section 82(2)(c) of the Act, a prescribed person or a member of a prescribed class of person is—
(a) an informant; or
(b) a police officer; or
(c) a person employed in the Office of Public Prosecutions who is a lawyer.
Part 7—Contravention of sentence
27 Contravention of an order—Schedule 3 to the Act
For the avoidance of doubt, this Part applies to a suspended sentence order and a pre-existing suspended sentence order within the meaning of clause 6(3) of Schedule 3 to the Act.
28 Commencement of a proceeding—prescribed persons
For the purposes of section 83AG(2)(f) of the Act, a prescribed class of persons is—
(a) a Regional Manager; or
(b) a community corrections officer.
29 Contravention of an order—process where offender before higher court, orders of that court—prescribed persons
For the purposes of section 83AL(2)(f) of the Act, a prescribed class of persons is—
(a) a Regional Manager; or
(b) a community corrections officer.
30 Proper officer of sentencing court to fix date for transferred proceeding
If a proceeding is transferred under section 83AJ(1) of the Act, the proper officer of the sentencing court must fix a date for the proceeding to be heard.
31 Transfer of a proceeding—form of order
The form of an order made by the Magistrates' Court under section 83AJ(1) of the Act that a proceeding be transferred is Form 1A in Schedule 1.
Part 8—Orders in relation to intellectually disabled offenders and mentally ill offenders
32 Review of a justice plan condition
The form of an application made under section 82 of the Act is—
(a) in the case of a justice plan condition attached to a mandatory treatment and monitoring order—Form 1B in Schedule 1; and
(b) in any other case—Form 2 in Schedule 1.
33 Court Assessment Orders
For the purposes of section 92(1)(b) of the Act, the prescribed information is advice about the duration of the Court Assessment Order in accordance with section 93(2) of the Act.
Part 9—Historical homosexual convictions
34 Prescribed period after which a conviction becomes an expunged conviction
For the purposes of section 105I(3) of the Act, the prescribed period is 42 days.
35 Prescribed notification period
For the purposes of section 105K(1) of the Act, the prescribed period is 14 days.
36 Prescribed period for data controllers to take action
For the purposes of section 105K(2) of the Act, the prescribed period is 28 days.
Schedule 1—Forms
Form 1
Regulation 10
Declaration about Time Held in Custody
Ref. No.
On / / the Court at
sentenced of Date of Birth / / to weeks months years detention imprisonment
The offender has been held in custody in relation to proceedings connected with the offence to which this sentence applies and for no other reason for—
Days
Weeks
Months
This period is to be reckoned as already served under the sentence.
Transfer of Proceeding from the Magistrates' Court to the County Court*/Supreme Court* Under Section 83AJ of the Sentencing Act 1991
The Magistrates' Court of Victoria at
Informant:
Accused:
D.O.B:
Proceeding commenced by: Charge and Summons*/Charge and Warrant*
Nature of Charge: That the Accused did contravene a sentencing order under section of Part 3C*/clause of Schedule 3* of the Sentencing Act 1991.
I, [name], registrar of the Magistrates' Court of Victoria at [venue] order that the proceeding under the Sentencing Act 1991 be transferred to the
COUNTY COURT at */SUPREME COURT at *
This order is made under section 83AJ(1) of the Sentencing Act 1991 and takes effect; on the filing of the evidence of service of the summons in the above mentioned court*/on the execution of the warrant against the offender*.
Dated at:
On:
Registrar of the Magistrates' Court of Victoria
Strike out whichever is inapplicable.
Form 1B
Regulation 32(a)
Application for Review of Justice Plan Condition Attached to a MANDATORY TREATMENT AND MONITORING ORDER
The justice plan condition must not be cancelled. If the justice plan condition is varied, the condition as varied must be as onerous as, or more onerous than, the previous condition. See section 44A(3) of the Sentencing Act 1991.
WARNING TO THE OFFENDER: If you do not attend Court at the above time and place, a warrant to arrest may be issued against you.
🞏 Tick whichever applies
Schedule 2—Revoked regulations
Regulation 4
S.R. No.
Title
159/2011
Sentencing Regulations 2011
74/2012
Sentencing Amendment Regulations 2012
73/2013
Sentencing Amendment Regulations 2013
16/2014
Sentencing Amendment Regulations 2014
57/2014
Sentencing Further Amendment Regulations 2014
38/2016
Sentencing Amendment Regulations 2016
162/2018
Sentencing Amendment Regulations 2018
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Sentencing Regulations 2021, S.R. No. 170/2021 were made on 21 December 2021 by the Governor in Council under section 116 of the Sentencing Act 1991, No. 49/1991 and came into operation on 21 December 2021: regulation 3.
The Sentencing Regulations 2021 will sunset 10 years after the day of making on 21 December 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Sentencing Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.