confiscation and other matters amendment act 2016file/16-027a.docx · web viewconfiscation and...

Confiscation and Other Matters Amendment Act 2016

No. 27 of 2016

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 2

Part 2—Amendment of Confiscation Act 1997 3

3 Definitions—meaning of account 34 Definitions—amendments relating to discharge of mortgage 45 Amendment of section 7A 46 Meaning of derived property—other cases 57 Jurisdiction 58 Application for restraining order 59 Amendment of section 22 610 Application may be made by telephone etc. 711 Making of freezing order 712 Schedule 2 offences—application for court declaration 713 Automatic forfeiture of restrained property on declaration that

person is serious drug offender 814 Property lawfully acquired 815 Effect of forfeiture 916 Relief from automatic forfeiture of property of serious drug

offender 917 Application for pecuniary penalty order 1018 Application for disposal order 1019 Application for production order—relevant offence 1120 Application for production order—unexplained wealth 1121 What can an information notice require? 1222 What must the information notice contain? 1223 Heading to section 120A substituted 1224 New section 120AB inserted 1325 Reports to the Minister 1326 New section 190 inserted 13

1

Part 3—Amendment of Criminal Organisations Control Act 2012 15

27 Definitions 1528 Form and content of application 1529 Court may make declaration 1530 Form of declaration 1531 Determination of application for revocation of declaration in

respect of organisation 1632 Court may make control order 1633 Content of control orders—declared organisations 1734 Winding up of incorporated associations that are prohibited

from operating under a control order 1735 Form and content of application 1736 Effect of registration of corresponding declaration 1737 Information to be kept on register 1738 Annual report 1839 New Part 7 inserted 18

Part 4—Amendment of Surveillance Devices Act 1999 19

40 Definitions 1941 Application of Division 3 of Part 4 2142 Annual reports 2143 New section 45 inserted 22

Part 5—Amendment of Open Courts Act 2013 23

44 Other laws restricting or prohibiting publication not affected 23

Part 6—Amendment of Criminal Procedure Act 2009 24

45 Schedule 3 amended 24

Part 7—Amendment of Sentencing Act 1991 25

46 Sentencing guidelines 25

Part 8—Amendment of Family Violence Protection Amendment Act 2014 26

47 Commencement of Act 2648 Repeal of Amending Act 26

Part 9—Repeal 27

49 Repeal of amending Act 27═══════════════

Endnotes 28

1 General information 28

Confiscation and Other Matters Amendment Act 2016†

No. 27 of 2016

[Assented to 31 May 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are—

(a) to amend the Confiscation Act 1997 to improve the operation of that Act as it applies to serious and organised crime; and

Victoria

1

(b) to amend the Criminal Organisations Control Act 2012 to remove the distinction between different types of declarations made in respect of organisations; and

(c) to make other miscellaneous amendments to the Surveillance Devices Act 1999, the Open Courts Act 2013, the Criminal Procedure Act 2009, the Sentencing Act 1991 and the Family Violence Protection Amendment Act 2014.

2 Commencement

(1) This Part, sections 4, 5, 6, 9, 13, 14, 15, 16, 18, 26, 42 and 43 and Parts 5 to 9 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 July 2017, it comes into operation on that day.

Section Page

2

Part 2—Amendment of Confiscation Act 1997

3 Definitions—meaning of account

(1) In section 3(1) of the Confiscation Act 1997, for the definition of account substitute—

"account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes the following—

(a) a facility or arrangement for—

(i) a fixed term deposit; or

(ii) a safety deposit box;

(b) a credit card account;

(c) a loan account (other than a credit card account);

(d) an account held in the form of units in—

(i) a cash management trust; or

(ii) a trust of a kind prescribed by the regulations;".

(2) After section 3(3) of the Confiscation Act 1997 insert—

"(4) For the purposes of the definition of account in subsection (1), it is immaterial whether—

(a) an account is closed; or

(b) an account has a nil balance; or

(c) any transactions have been allowed in relation to an account.".

Part 9—Repeal

Confiscation and Other Matters Amendment Act 2016No. 27 of 2016

3

4 Definitions—amendments relating to discharge of mortgage

(1) In section 3(1) of the Confiscation Act 1997, in the definition of tainted property—

(a) after paragraph (a)(iii) insert—

"(iiia) is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property referred to in subparagraph (i), (ii) or (iii);";

(b) after paragraph (b)(iii) insert—

"(iv) is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property referred to in subparagraph (i), (ii) or (iii);".

(2) In section 3(1) of the Confiscation Act 1997 insert the following definition—

"partly discharged, in respect of a mortgage, means a payment has been made to reduce the liability under that mortgage, whether or not the reduction in liability is recorded on a register kept by a registration authority;".

5 Amendment of section 7A

(1) In the heading to section 7A of the Confiscation Act 1997 omit "or unexplained wealth forfeiture".

(2) In section 7A of the Confiscation Act 1997 omit "or in relation to unexplained wealth forfeiture or an unexplained wealth restraining order".

Part 9—Repeal


4

(3) At the end of section 7A of the Confiscation Act 1997 insert—

"(2) Without limiting subsection (1), property is derived from property of a kind referred to in subsection (1)(a) or (b) if it is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property of a kind referred to in subsection (1)(a), (b) or (c).".

6 Meaning of derived property—other cases

At the end of section 7B of the Confiscation Act 1997 insert—

"(2) Without limiting subsection (1), property is derived from property of a kind referred to in subsection (1)(a) or (b) if it is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property of a kind referred to in subsection (1)(a), (b) or (c).".

7 Jurisdiction

In section 12(4) and (5) of the Confiscation Act 1997 omit "Schedule 1".

8 Application for restraining order

For section 16(2) of the Confiscation Act 1997 substitute—

"(2) If any of the circumstances specified in subsection (2AA) apply in relation to property—

(a) the DPP, a prescribed person or a person belonging to a prescribed class of persons may apply, without notice, to any court; or

Part 9—Repeal


5

(b) an appropriate officer may apply, without notice, to the Magistrates' Court or the Children's Court—

for a restraining order in respect of the property.

(2AA) An application for a restraining order under subsection (2) may be made in respect of property if—

(a) a police officer or a person authorised by or under an Act to prosecute the relevant type of offence believes that—

(i) within the next 48 hours a person will be charged with a Schedule 2 offence; and

(ii) that person has an interest in the property or the property is tainted property in relation to that offence; or

(b) a person has been charged with a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence; or

(c) a person has been convicted of a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence.".

9 Amendment of section 22

(1) In the heading to section 22 of the Confiscation Act 1997, for "—automatic forfeiture" substitute "in relation to Schedule 2 offence".

(2) In section 22(1) of the Confiscation Act 1997, after "automatic forfeiture" insert "under section 35".

Part 9—Repeal


6

(3) At the foot of section 22 of the Confiscation Act 1997 insert—"Note

Property excluded from a restraining order made for the purpose of satisfying automatic forfeiture of property that may occur under Division 2 of Part 3 (i.e. automatic forfeiture on the conviction of an accused of certain offences) may continue to be restrained if a restraining order has also been made in relation to the property for the purpose referred to in section 15(1)(c).".

10 Application may be made by telephone etc.

In section 31E of the Confiscation Act 1997, for "If it is impracticable for the applicant for a freezing order to apply in person, the applicant" substitute "An authorised police officer".

11 Making of freezing order

Section 31F(1)(c), (1A)(c) and (1B)(c) of the Confiscation Act 1997 are repealed.

12 Schedule 2 offences—application for court declaration

(1) After section 35A(1) of the Confiscation Act 1997 insert—

"(1A) Subject to subsection (2), if an accused is convicted of an offence by the Magistrates' Court or the Children's Court, an appropriate officer may apply to that court for a declaration that the offence was a Schedule 2 offence.".

(2) In section 35A(2) of the Confiscation Act 1997, after "subsection (1)" insert "or (1A)".

Part 9—Repeal


7

13 Automatic forfeiture of restrained property on declaration that person is serious drug offender

(1) In section 36GA(2) of the Confiscation Act 1997—

(a) for "under section 20 for an exclusion order" substitute "for an exclusion order under section 22A";

(b) for paragraph (b) substitute—

"(b) the making of the declaration under section 89DI of the Sentencing Act 1991."

(2) In section 36GA(3) of the Confiscation Act 1997, for "under section 20 for an exclusion order" substitute "for an exclusion order under section 22A".

(3) In section 36GA(4) of the Confiscation Act 1997, for "under section 20" substitute "for an exclusion order under section 22A".

14 Property lawfully acquired

For section 40G(1)(f) of the Confiscation Act 1997 substitute—

"(f) property acquired by a person, whether or not it is acquired for sufficient consideration, is not property lawfully acquired if the person acquired the property knowing, or in circumstances such as to arouse a reasonable suspicion, that the property was derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity;

Part 9—Repeal


8

(g) property acquired by a person that is or has been subject to a mortgage, lien, charge, security or other encumbrance is not property lawfully acquired if that mortgage, lien, charge, security or other encumbrance has been wholly or partly discharged using property that was not lawfully acquired.".

15 Effect of forfeiture


"(2A) Despite subsection (2), property that vests in the Minister under that subsection is not subject to any mortgage, charge or encumbrance created by an interstate restraining order.".


"(5) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to any property forfeited to the Minister under this section to the extent, if any, to which that Act applies in relation to the property.".

16 Relief from automatic forfeiture of property of serious drug offender

In section 45A(7) of the Confiscation Act 1997—

(a) in the definition of dependant, in paragraph (b)(ii), for "frailty." substitute "frailty;";

(b) after the definition of dependant insert—

"proceeds of sale means the proceeds of the sale of the property after all mortgages and charges to which the property is subject have been discharged.".

Part 9—Repeal


9

17 Application for pecuniary penalty order

For section 58(1) of the Confiscation Act 1997 substitute—

"(1) If an accused is convicted of a Schedule 2 offence—

(a) the DPP may apply to the Supreme Court or the court before which the accused was convicted of the offence; or

(b) where the accused was convicted of the offence before the Magistrates' Court or the Children's Court, an appropriate officer may apply to that court—

for a pecuniary penalty order.".

18 Application for disposal order

After section 77(1)(c) of the Confiscation Act 1997 insert—

"(ca) child pornography within the meaning of section 67A of the Crimes Act 1958 and including any of the following—

(i) a thing containing child pornography;

(ii) an electronic device or data storage device containing data from which can be generated text, images or sounds that are child pornography;Examples

A computer, mobile phone, USB stick, memory card or hard drive.

(iii) all of the data contained in a device referred to in subparagraph (ii); or".

Part 9—Repeal


10

19 Application for production order—relevant offence


"(3A) An application under subsection (2) may be made in person or by telephone, facsimile or other form of electronic communication.".

(2) For section 100(5) of the Confiscation Act 1997 substitute—

"(5) An application under subsection (2) must be heard—

(a) out of court; or

(b) in closed court.".

20 Application for production order—unexplained wealth

(1) For section 100A(1) of the Confiscation Act 1997 substitute—

"(1) A police officer may, without notice, apply for a production order against a person, or anyone else, if—

(a) the person is suspected of having engaged in serious criminal activity; or

(b) the person is suspected of having an interest in property that was not lawfully acquired.".

(2) After section 100A(2) of the Confiscation Act 1997 insert—

"(2A) An application under subsection (1) may be made in person or by telephone, facsimile or other form of electronic communication.".

Part 9—Repeal


11

(3) For section 100A(4) of the Confiscation Act 1997 substitute—

"(4) An application under subsection (1) must be heard—

(a) out of court; or

(b) in closed court.".

21 What can an information notice require?

In section 118G(1) of the Confiscation Act 1997—

(a) in paragraph (a), for "believed to be held" substitute "believed to be or to have been held";

(b) in paragraphs (a)(i) and (ii), for "is held" substitute "is or was held";

(c) in paragraph (b)(i), for "is held" substitute "is or was held";

(d) for paragraph (b)(ii) substitute—

"(ii) if still held with the financial institution, the balance of that account.".

22 What must the information notice contain?

In section 118H(2)(d) of the Confiscation Act 1997, for "believed to be held" (where twice occurring) substitute "believed to be or to have been held".

23 Heading to section 120A substituted

For the heading to section 120A of the Confiscation Act 1997 substitute—

"Document request relating to maintenance and management of property".

Part 9—Repeal


12

24 New section 120AB inserted

After section 120A of the Confiscation Act 1997 insert—

"120AB Document request relating to enforcement of pecuniary penalty order

(1) A prescribed person may request any person whom the prescribed person believes has possession or control of documents required for the enforcement of a pecuniary penalty order to produce those documents to the prescribed person.

(2) A request under subsection (1) may be made only if the person making the request reasonably believes that—

(a) a pecuniary penalty order has been made against an accused in relation to a Schedule 1 offence or a Schedule 2 offence; and

(b) the production of the documents is necessary to enforce that pecuniary penalty order.".

25 Reports to the Minister

In section 139A(2)(f) of the Confiscation Act 1997, after "section 120A" insert "or 120AB".

26 New section 190 inserted

After section 189 of the Confiscation Act 1997 insert—

"190 Transitional—Confiscation and Other Matters Amendment Act 2016

(1) In this section—

the 2016 Act means the Confiscation and Other Matters Amendment Act 2016;

Part 9—Repeal


13

amended provision relating to property obtained with a loan means—

(a) the definition of tainted property in section 3(1) as amended by section 4(1) of the 2016 Act; or

(b) section 7A as amended by section 5(3) of the 2016 Act; or

(c) section 7B as amended by section 6 of the 2016 Act; or

(d) section 40G(1) as amended by section 14 of the 2016 Act—

and as construed by reference to the definition of partly discharged as inserted by section 4(2) of the 2016 Act;

relevant section of the 2016 Act, in relation to an amended provision relating to property obtained with a loan, means the section of the 2016 Act that amended that provision.

(2) An amended provision relating to property obtained with a loan applies with respect to any proceeding under this Act commenced before, on or after the date on which the relevant section of the 2016 Act comes into operation irrespective of—

(a) when the property to which the amended provision applies was purchased; or

(b) when the mortgage, lien, charge, security or other encumbrance to which that property is, or has been, subject was wholly or partly discharged.".

Part 9—Repeal


14

Part 3—Amendment of Criminal Organisations Control Act 2012

27 Definitions

In section 3(1) of the Criminal Organisations Control Act 2012, the definitions of prohibitive declaration and restrictive declaration are repealed.

28 Form and content of application

Section 15(1A) of the Criminal Organisations Control Act 2012 is repealed.

29 Court may make declaration

(1) Section 19(2) of the Criminal Organisations Control Act 2012 is repealed.

(2) In section 19(2A) of the Criminal Organisations Control Act 2012 omit "(a restrictive declaration)".

(3) In section 19(2B) of the Criminal Organisations Control Act 2012 omit "(2)(a) and".

(4) In section 19(2C) of the Criminal Organisations Control Act 2012, for "a prohibitive declaration or a restrictive declaration" substitute "a declaration under subsection (1)(a)".

(5) In section 19(4) and (7) of the Criminal Organisations Control Act 2012 omit "(2),".

30 Form of declaration

Section 22(ab) of the Criminal Organisations Control Act 2012 is repealed.

Part 9—Repeal


15

31 Determination of application for revocation of declaration in respect of organisation

(1) Section 29(2) and (4) of the Criminal Organisations Control Act 2012 are repealed.

(2) In section 29(3) and (5) of the Criminal Organisations Control Act 2012 omit "restrictive".

32 Court may make control order

(1) For section 43(1) of the Criminal Organisations Control Act 2012 substitute—

"(1) The Court may make a control order that applies to an organisation if—

(a) the organisation is a declared organisation; and

(b) the Court is satisfied that in order to end, prevent or reduce a serious threat to public safety and order it is necessary or desirable to restrict, or to impose conditions on, the activities of—

(i) the organisation; or

(ii) any members, former members or prospective members of the organisation.".

(2) For section 43(2)(b) of the Criminal Organisations Control Act 2012 substitute—

"(b) it is necessary or desirable to restrict, or to impose conditions on, the activities of the individual in order to end, prevent or reduce a serious threat to public safety and order.".

(3) Section 43(3) of the Criminal Organisations Control Act 2012 is repealed.

Part 9—Repeal


16

33 Content of control orders—declared organisations

(1) Before section 45(2)(b) of the Criminal Organisations Control Act 2012 insert—

"(a) prohibit the organisation from doing any of the following—

(i) continuing to operate;

(ii) carrying on business;

(iii) taking on new members;".

(2) Section 45(2A) of the Criminal Organisations Control Act 2012 is repealed.

34 Winding up of incorporated associations that are prohibited from operating under a control order

In section 46(1) of the Criminal Organisations Control Act 2012, for "45(2A)(a)" substitute "45(2)(a)".

35 Form and content of application

For section 57(3) of the Criminal Organisations Control Act 2012 substitute—

"(3) An application must be served on the respondent as soon as practicable after the application is made.Note

For service, see Division 2 of Part 6.".

36 Effect of registration of corresponding declaration

In section 96 of the Criminal Organisations Control Act 2012 omit "restrictive".

37 Information to be kept on register

Section 131(1)(ba) of the Criminal Organisations Control Act 2012 is repealed.

Part 9—Repeal


17

38 Annual report

(1) For section 133(1)(c) of the Criminal Organisations Control Act 2012 substitute—

"(c) the number of declarations applying to declared organisations that were in effect on the last day of that financial year;".

(2) Section 133(1)(ca) of the Criminal Organisations Control Act 2012 is repealed.

39 New Part 7 inserted

After Part 6 of the Criminal Organisations Control Act 2012 insert—

"Part 7—Transitional provisions139 Confiscation and Other Matters

Amendment Act 2016

Despite section 45(2)(a), the Court must not impose a condition referred to in that provision in making a control order that applies to a declared organisation that is the subject of a restrictive declaration made under section 19(2A) as in force immediately before the commencement of Part 3 of the Confiscation and Other Matters Amendment Act 2016.".

Part 9—Repeal


18

Part 4—Amendment of Surveillance Devices Act 1999

40 Definitions

(1) In section 3(1) of the Surveillance Devices Act 1999—

(a) in the definition of chief officer, for paragraph (d) substitute—

"(c) in relation to the Department of Environment, Land, Water and Planning—the Secretary to that department;

(d) in relation to the Department of Economic Development, Jobs, Transport and Resources—the Secretary to that department;";

(b) in the definition of law enforcement agency, for paragraph (d) substitute—

"(c) the Department of Environment, Land, Water and Planning;

(d) the Department of Economic Development, Jobs, Transport and Resources;";

(c) in the definition of law enforcement officer, for paragraph (d) substitute—

"(c) in relation to the Department of Environment, Land, Water and Planning—

(i) an employee of that department appointed as an authorised officer under section 83 of the Conservation, Forests and Lands Act 1987; or

Part 9—Repeal


19

(ii) a person who is seconded to that department, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;

(d) in relation to the Department of Economic Development, Jobs, Transport and Resources—

(i) an employee of that department appointed as an authorised officer under section 83 of the Conservation, Forests and Lands Act 1987; or

(ii) a person who is seconded to that department, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;";

(d) in the definition of senior officer, for paragraph (d) substitute—

"(c) in relation to the Department of Environment, Land, Water and Planning—the Secretary to that department;

(d) in relation to the Department of Economic Development, Jobs, Transport and Resources—the Secretary to that department;".

(2) Section 3(5) and (6) of the Surveillance Devices Act 1999 are repealed.

Part 9—Repeal


20

41 Application of Division 3 of Part 4

(1) For section 25(a)(i) of the Surveillance Devices Act 1999 substitute—

"(i) the Department of Environment, Land, Water and Planning;

(ia) the Department of Economic Development, Jobs, Transport and Resources;".

(2) In section 25(b) of the Surveillance Devices Act 1999, for "the Department of Environment and Primary Industries" substitute "the Department of Environment, Land, Water and Planning, the Department of Economic Development, Jobs, Transport and Resources".

42 Annual reports

For section 30L(4) of the Surveillance Devices Act 1999 substitute—

"(4) The chief officer must advise the Minister of any information in the report that, in the chief officer's opinion, should be excluded from the report before the report is laid before Parliament because the information, if made public, could reasonably be expected to—

(a) endanger a person's safety; or

(b) prejudice an investigation or prosecution; or

(c) compromise any law enforcement agency's operational activities or methodologies.

(5) The Minister must—

(a) exclude information from the report if satisfied on the advice of the chief officer of any of the grounds set out in subsection (4); and

Part 9—Repeal


21

(b) cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives the report.".

43 New section 45 inserted

After section 44 of the Surveillance Devices Act 1999 insert—

"45 Annual report of Victoria Police for financial year ending 30 June 2015

Section 30L(4) and (5) as substituted by section 42 of the Confiscation and Other Matters Amendment Act 2016 apply to the annual report of Victoria Police for the financial year ending 30 June 2015 as if those provisions were in force when the report was submitted to the Minister and laid before each House of Parliament.".

Part 9—Repeal


22

Part 5—Amendment of Open Courts Act 2013

44 Other laws restricting or prohibiting publication not affected

In section 8(2)(c) of the Open Courts Act 2013—

(a) for "(8) and" substitute "(8),";

(b) after "and (11)" insert "and 40H(7), (8) and (9)".

Part 9—Repeal


23

Part 6—Amendment of Criminal Procedure Act 2009

45 Schedule 3 amended

In Schedule 3 to the Criminal Procedure Act 2009—

(a) for item 3 substitute—

"3 An Immigration and Border Protection worker, within the meaning of the Australian Border Force Act 2015 of the Commonwealth, at Australian Public Service level 5 or higher who is performing work for that part of the Department of Immigration and Border Protection of the Commonwealth known as the Australian Border Force.";

(b) item 26 is repealed.

Part 9—Repeal


24

Part 7—Amendment of Sentencing Act 199146 Sentencing guidelines

For section 5(2A)(e) of the Sentencing Act 1991 substitute—

"(e) subject to paragraph (ab), must not have regard to the automatic forfeiture of property under Division 2 or 3 of Part 3 of that Act or a pecuniary penalty made under that Act in relation to a Schedule 2 offence;

(f) must not have regard to the automatic forfeiture of property under Division 4 of Part 3 of that Act in relation to a serious drug offence.".

Part 9—Repeal


25

Part 8—Amendment of Family Violence Protection Amendment Act 2014

47 Commencement of Act

Section 2(2) of the Family Violence Protection Amendment Act 2014 is repealed.

48 Repeal of Amending Act

In section 28 of the Family Violence Protection Amendment Act 2014, for "1 July 2017" substitute "the first anniversary of the last date on which a provision of this Act comes into operation".

Part 9—Repeal


26

Part 9—Repeal49 Repeal of amending Act

This Act is repealed on 1 July 2018.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

Part 9—Repeal


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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


28

http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 9 March 2016

Legislative Council: 14 April 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Confiscation Act 1997 to improve the operation of that Act as it applies to serious and organised crime, to amend the Criminal Organisations Control Act 2012 to remove the distinction between different types of declarations made in respect of organisations, to make miscellaneous amendments to the Surveillance Devices Act 1999, the Open Courts Act 2013, the Criminal Procedure Act 2009, the Sentencing Act 1991 and the Family Violence Protection Amendment Act 2014 and for other purposes."

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