Part 2B of the Sentencing Act 1991 (Vic) does not operate retrospectively when qualifying offences committed before 1 July 1998 are counted as 'relevant offences' for the purpose of establishing continuing criminal enterprise offender status, because the increased maximum penalty only applies to offences committed after commencement. The designation as a CCE offender attaches upon conviction for the third qualifying offence, not only to subsequent offences. However, a sentencing judge must provide adequate reasons for any differential in sentences between CCE counts and non-CCE counts involving identical conduct; an automatic increase without explanation constitutes an error in the exercise of the sentencing discretion.
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