Sch 3Additional offences not to be committed as core conditions of supervision order

Schedule 3—Additional offences not to be committed as core conditions of supervision order 1 An offence against any of the following sections of the **Crimes Act 1958**— (a) section 18 (causing injury intentionally or recklessly); (b) section 19 (administering certain substances); (c) section 20 (threats to kill); (d) section 21 (threats to inflict serious injury); (e) section 21A (stalking); (f) section 22 (conduct endangering life); (g) section 23 (conduct endangering persons); (h) section 24 (negligently causing serious injury); (i) section 25 (setting traps etc. to kill); (j) section 26 (setting traps etc. to cause serious injury); (k) section 27 (extortion with threat to kill); (l) section 28 (extortion with threat to destroy property etc.); (m) section 29 (using firearm to resist arrest etc.); (n) section 30 (threatening injury to prevent arrest); (o) section 31 (assaults); (p) section 31A (use of firearms in the commission of offences); (q) section 31B (being armed with criminal intent); (r) section 32 (performing female genital mutilation); (s) section 33 (taking person from Victoria with intention of having prohibited female genital mutilation performed); (sa) section 53S (distributing intimate image); (sb) section 53T (threat to distribute intimate image); (t) section 75 (robbery); (u) section 75A (armed robbery); (v) section 76 (burglary); (w) section 77 (aggravated burglary); (x) section 77A (home invasion); (y) section 77B (aggravated home invasion); (z) section 79 (carjacking); (za) section 79A (aggravated carjacking); (zb) section 195H (affray); (zc) section 195I (violent disorder); (zd) section 197 (destroying or damaging property); (ze) section 198 (threats to destroy or damage property); (zf) section 199 (possessing any thing with intent to destroy or damage property); (zg) section 317 (offences connected with explosive substances); (zh) section 317A (bomb hoaxes); (zi) section 318(1) (culpable driving causing death). 2 An offence at common law of false imprisonment. 3 An offence at common law of affray, riot or common assault. 4 An offence against any of the following sections of the **Family Violence Protection Act 2008**— (a) section 37 (contravention of family violence safety notice); (b) section 37A (contravention of family violence safety notice intending to cause harm or fear for safety); (c) section 123 (contravention of family violence intervention order); (d) section 123A (contravention of family violence intervention order intending to cause harm or fear for safety); (e) section 125A (persistent contravention of family violence safety notice or family violence intervention order). 7 An offence against section 100 (contravention of personal safety intervention order) of the **Personal Safety Intervention Orders Act 2010**. 8 An offence that, at the time it was committed, was an offence referred to in this Schedule. 9 An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in this Schedule. 10 An offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute an offence of a kind referred to in this Schedule. Schedule 4—Savings and transitional provisions 1 Definitions In this Schedule— ***commencement day*** means the day on which section 350 comes into operation; ***superseded Act*** means the **Serious Sex Offenders (Detention and Supervision) Act 2009** as in force immediately before its repeal. 2 General transitional provisions (1) Except where the contrary intention appears, this Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**. (2) This Schedule applies despite anything to the contrary in any other provision of this Act. Sch. 4 cl. 3 amended by No. 45/2019 s. 18(13). 3 Eligible offender Subject to clause 4, section 8 applies irrespective of whether a supervision order, an interim supervision order, a detention order or an interim detention order was made under this Act or the superseded Act. 4 Orders made under superseded Act (1) A supervision order, a detention order or an interim order that was made by a court under the superseded Act and is in force immediately before the commencement day continues in force under the superseded Act until the first of the following to occur— (a) the end of the period of operation of the order; (b) on the revocation of the order by a court under this Act; (c) on the commencement of another order under this Act that replaces the order; Sch. 4 cl. 4(2) amended by No. 45/2019 s. 18(14). (2) Subject to subclauses (3), (4) and (5) and clause 4A, the superseded Act and regulations made under that Act continue to apply to an order referred to in subclause (1). (3) On and from the commencement day, a supervision order or an interim supervision order referred to in subclause (1) is subject to the core conditions set out in section 31 of this Act. (4) An application for review of an order referred to in subclause (1) or an application for the renewal of an order referred to in subclause (1) is to be made under this Act, including an application for renewal or review of an order made by a court under the superseded Act in respect of an offender who is not an eligible offender under this Act. (5) An application referred to in subclause (4) is to be determined under this Act, including an application made in respect of an offender who is not an eligible offender under this Act. Sch. 4 cl. 4(6) amended by No. 45/2019 s. 18(15). (6) On an application for review or renewal of a supervision order, a detention order or an interim order referred to in subclause (1), if the court decides to confirm the order, or renew the order, as the case requires, the court must make a supervision order, a detention order, an interim supervision order or an interim detention order in respect of the offender. Sch. 4 cl. 4A inserted by No. 45/2019 s. 18(16).