12Proceeding for contravention offence

12 Proceeding for contravention offence (1) This Act applies to a criminal proceeding for an offence against section 169 commenced on or after the commencement day, irrespective of when the offence is alleged to have been committed. (2) Subject to this Schedule, the superseded Act continues to apply to a criminal proceeding commenced under section 172 of that Act before the commencement day, for an offence against section 160 of that Act, as if that Act had not been repealed. (3) Division 3 of Part 12 of this Act applies to a failure to comply with a condition of an order continued in force by clause 4 as if the failure to comply were a contravention of a condition of an order referred to in section 169 of this Act. 13 Appointment of residential facility An appointment of a residential facility under section 133 of the superseded Act is taken to be an appointment under section 178 of this Act and may be amended or revoked as if it were an appointment under section 178. 14 Approval of drug and alcohol test procedures An approval of test procedures under section 157 of the superseded Act is taken to be an approval under section 214 of this Act and may be amended or revoked as if it were an approval under section 214. 15 Change of name (1) A change of name application under Part 12 of the superseded Act that has not been approved before the commencement day lapses. (2) On and from the commencement day an offender who is subject to a supervision order or an interim supervision order under the superseded Act may make an application under Part 17 as if the offender were subject to a supervision order or an interim supervision order under this Act. 16 Membership of Authority (1) A member of the Authority holding office immediately before the commencement day continues to hold office after that commencement on the same terms and conditions and for the remainder of the term specified in the instrument of appointment of the member. (2) Despite subclause (1), if immediately before the commencement day a person holds an acting appointment under section 192H of the superseded Act, the person continues on and from the commencement day to hold that office on an acting basis until the expiry of the acting appointment. 17 Notices to produce or attend On and from the commencement day, a notice to produce or a notice to attend served under Part 13A of the superseded Act is taken to be a notice to produce or a notice to attend, as the case requires, served under Division 2 of Part 20 of this Act. 18 Responsible agencies and coordinated services plans (1) On and from the commencement day, a panel established under section 192ZH of the superseded Act is taken to be a panel under section 330 of this Act. (2) A coordinated services plan agreed under Part 13B of the superseded Act that is in effect immediately before the commencement day is taken, on and from the commencement day, to be a coordinated services plan under Part 21 of this Act. 19 Corrections Act 1986—new section 130 inserted At the end of Part 11 of the **Corrections Act 1986** **insert**— "130 Transitional provisions—Serious Offenders Act 2018 (1) Despite the amendment of the definition of ***sexual offence*** in section 3(1) by section 355 of the **Serious Offenders Act 2018**— (a) the definitions of ***sexual offence*** in section 3(1) and the references to that definition in section 74AAB(2), (3), (5) and (7), as in force immediately before the commencement day, continue to apply to— (i) prisoners who, on the commencement day, are serving a sentence of imprisonment in respect of an offence referred to in Schedule 1 to the **Serious Sex Offenders (Detention and Supervision) Act 2009**; and (ii) prisoners who, on the commencement day, are on parole after having been released under section 74, in accordance with the requirements of section 74AAB, in respect of an offence referred to in Schedule 1 to the **Serious Sex Offenders (Detention and Supervision) Act 2009**. (b) the definitions of ***sexual offence*** in section 3(1) and the references to that definition in section 77(3) and (6), as in force immediately before the commencement day, continue to apply, as the case requires, to prisoners who, on the commencement day, are on parole after having been released under section 74, in accordance with the requirements of section 74AAB, in respect of an offence referred to in Schedule 1 to the **Serious Sex Offenders (Detention and Supervision) Act 2009**. (2) Despite the amendment of this Act by section 355 of the **Serious Offenders Act 2018**— (a) a person who, before the commencement day, would have been a person who was a victim within the meaning of section 30A(1) is taken to be a victim within the meaning of section 30A(1); and (b) a person who was included on the victims register under section 30C immediately before the commencement day remains on the victims register, on and from the commencement day, as if the person was a victim within the meaning of section 30A(1). ***commencement day*** means the day on which section 355 of the **Serious Offenders Act 2018** comes into operation.". 20 Disability Act 2006—new Division 3 inserted in Part 10 After section 234 of the **Disability Act 2006 insert**— "Division 3—Transitional provisions—Serious Offenders Act 2018 235 Saving of orders continued in effect after commencement by Serious Offenders Act 2018 (1) Despite the amendment of section 152(2)(f) by section 358 of the **Serious Offenders Act** **2018**, section 152(2)(f) has effect, on and after the commencement day, as if a reference in that section to a supervision order or an interim supervision order within the meaning of the **Serious Offenders Act** **2018** included a reference to a to a supervision order or an interim supervision order that is continued in force by subclause 4(1) of Schedule 4 to the **Serious Offenders Act 2018**. ***commencement day*** means the day on which section 358 of **the Serious Offenders Act 2018** comes into operation.". 21 Sentencing Act 1991—new Schedule 3A inserted After Schedule 3 to the **Sentencing Act 2006 insert**— "Schedule 3A—Transitional provisions—Serious Offenders Act 2018 1 Saving of orders continued in effect after commencement by Serious Offenders Act 2018 (1) Despite the amendment of section 10AB by section 364 of the **Serious Offenders Act 2018**, section 10AB has effect, on and after the commencement day, as if a reference in that section to a supervision order or an interim supervision order within the meaning of the **Serious Offenders Act 2018** included a reference to a to a supervision order or an interim supervision order that is continued in force by subclause 4(1) of Schedule 4 to the **Serious Offenders Act 2018**. (2) In this clause— ***commencement day*** means the day on which section 364 of the **Serious Offenders Act 2018** comes into operation.". 22 Sex Offenders Registration Act 2004—new section 73J inserted After section 73I of the **Sex Offenders Registration Act 2004 insert**— "73J Saving of orders continued in effect after commencement by Serious Offenders Act 2018 (1) Despite the amendment of section 61C(3)(b) and section 70J by section 365 of the **Serious Offenders Act 2018**, sections 61C(3)(b) and 70J have effect, on and after the commencement day, as if a reference in those sections to a supervision order, detention order or an interim order within the meaning of the **Serious Offenders Act 2018** included a reference to a supervision order, detention order or interim order that is continued in force by subclause 4(1) of Schedule 4 to the **Serious Offenders Act 2018**. ***commencement day*** means the day on which section 365 of the **Serious Offenders Act 2018** comes into operation.". 23 Surveillance Devices Act 1999—new section inserted After section 44 of the **Surveillance Devices Act 1999 insert**— "44A Transtional provisions—Serious Offenders Act 2018 (1) Despite the amendment of section 8(2)(aa) by 366 of the **Serious Offenders Act 2018**, section 8(2)(aa) has effect, on and after the commencement day, as if a reference in that section to an order made under the **Serious Offenders Act 2018** included a reference to a supervision order, detention order or interim order that is continued in force by subclause 4(1) of Schedule 4 to the **Serious Offenders Act 2018**. ***commencement day*** means the day on which section 366 of the **Serious Offenders Act 2018** comes into operation. 24 Wrongs Act 1958—new section 94 inserted After section 93 of the **Wrongs Act 1958 insert**— "Part XIV—Transitional Provision 94 Saving of orders continued in effect after commencement by Serious Offenders Act 2018 (1) Despite the amendment of section 28LAE(1) by section 370 of the **Serious Offenders Act 2018**, section 28LAE(1)(a)(iv) has effect, on and after the commencement day, as if a reference in that section to a detention order or interim detention order within the meaning of the **Serious Offenders Act 2018** included a reference to a detention order or an interim detention order that is continued in force by subclause 4(1) of Schedule 4 to the **Serious Offenders Act 2018**. ***commencement day*** means the day on which section 370 of the **Serious Offenders Act 2018** comes into operation.". 25 Transitional regulations (1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act. (2) Regulations under this clause have effect despite anything to the contrary in this Act (other than this Schedule). ═════════════ Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 9 May 2018* *Legislative Council: 24 May 2018* The long title for the Bill for this Act was "A Bill for an Act to provide for enhanced protection of the community by requiring offenders who have served custodial sentences for certain serious sex offences or certain serious violence offences and who present an unacceptable risk of harm to the community to be subject to ongoing detention or supervision, to repeal the **Serious Sex Offenders (Detention and Supervision) Act 2009**, to consequentially amend other Acts and for other purposes." The **Serious Offenders Act 2018** was assented to on 26 June 2018 and came into operation on 3 September 2018: Special Gazette (No. 356) 31 July 2018 page 1. 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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Serious Offenders Act 2018** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Serious Offenders Act 2018, No. 27/2018** | Assent Date: | 26.6.18 | | Commencement Date: | S. 372 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 | | Note: | S. 372 repealed Pt 24 (ss 352–372) on 25.3.20 | | Current State: | This information relates only to the provision/s amending **Serious Offenders Act 2018** | **Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019** | Assent Date: | 25.6.19 | | Commencement Date: | S. 270 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 | **Births, Deaths and Marriages Registration Amendment Act 2019, No. 25/2019** | Assent Date: | 3.9.19 | | Commencement Date: | Ss 31–34 on 1.5.20: s. 2(2) | | Current State: | This information relates only to the provision/s amending **Serious Offenders Act 2018** | **Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019, No. 45/2019** | Assent Date: | 19.11.19 | | Commencement Date: | Ss 3−18 on 20.11.19: s. 2(1) | **Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020** | Assent Date: | 10.6.20 | | Commencement Date: | S. 26 on 1.7.20: s. 2(2) | **Sentencing Amendment (Emergency Worker Harm) Act 2020, No. 23/2020** | Assent Date: | 30.6.20 | | Commencement Date: | S. 19 on 1.7.20: s. 2(1) | **Worker Screening Act 2020, No. 34/2020** | Assent Date: | 4.11.20 | | Commencement Date: | S. 239 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 | **Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020** | Assent Date: | 8.12.20 | | Commencement Date: | S. 39 on 26.4.21: s. 2(2) | **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021** | Assent Date: | 23.3.21 | | Commencement Date: | S. 200 on 26.4.21: s. 2(2) | **Sex Work Decriminalisation Act 2022, No. 7/2022** | Assent Date: | 1.3.22 | | Commencement Date: | S. 79 on 1.12.23: s. 2(3) | **Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022** | Assent Date: | 6.9.22 | | Commencement Date: | S. 35 on 30.7.23: s. 2(5) | **Mental Health and Wellbeing Act 2022, No. 39/2022** (as amended by No. 20/2023) | Assent Date: | 6.9.22 | | Commencement Date: | Ss 865−869 on 1.9.23: s. 2(2) | **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024** | Assent Date: | 10.9.24 | | Commencement Date: | S. 113(Sch. 1 item 31) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 | **Corrections Legislation Amendment Act 2025, No. 28/2025** | Assent Date: | 19.8.25 | | Commencement Date: | Ss 3–9, 14–22 on 20.8.25: s. 2(1); ss 10–13 on 11.9.25: Special Gazette (No. 488) 9.9.25 p. 1 | **Statute Law Revision Act 2025, No. 41/2025** | Assent Date: | 21.10.25 | | Commencement Date: | S. 3(Sch. 1 item 26) on 22.10.25: s. 2 | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.