2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 Administrative Decisions (Judicial Review) Act 1989 5

Part 1.2 Bail Act 1992 7

Part 1.3 Children and Young People Act 1999 12

Part 1.4 Clinical Waste Act 1990 19

Part 1.5 Confiscation of Criminal Assets Act 2003 20

Part 1.6 Coroners Act 1997 22

Part 1.7 Crimes Act 1900 26

Part 1.8 Crimes (Child Sex Offenders) Act 2005 31

Part 1.9 Crimes (Forensic Procedures) Act 2000 35

Part 1.10 Crimes (Restorative Justice) Act 2004 37

Part 1.11 Crimes (Sentencing) Act 2005 40

Part 1.12 Crimes (Sentence Administration) Act 2005 49

Part 1.13 Director of Public Prosecutions Act 1990 72

Part 1.14 Domestic Violence and Protection Orders Act 2001 73

Part 1.15 Drugs of Dependence Act 1989 73

Part 1.16 Electoral Act 1992 75

Part 1.17 Evidence (Miscellaneous Provisions) Act 1991 77

Part 1.18 Firearms Act 1996 78

Part 1.19 Firearms Regulation 1997 79

Part 1.20 Food Act 2001 79

Part 1.21 Hawkers Act 2003 79

Part 1.22 Health Professionals Regulation 2004 80

Part 1.23 Judicial Commissions Act 1994 80

Part 1.24 Juries Act 1967 80

Part 1.25 Land (Planning and Environment) Act 1991 82

Part 1.26 Legislation Act 2001 83

Part 1.27 Magistrates Court Act 1930 85

Part 1.28 Mental Health (Treatment and Care) Act 1994 100

Part 1.29 Prohibited Weapons Act 1996 101

Part 1.30 Road Transport (Alcohol and Drugs) Act 1977 102

Part 1.31 Royal Commissions Act 1991 103

Part 1.32 Security Industry Regulation 2003 103

Part 1.33 Spent Convictions Act 2000 104

Part 1.34 Supreme Court Act 1933 106

Part 1.35 Supreme Court Rules 1937 107

Part 1.36 Taxation Administration Act 1999 108

Part 1.37 Victims of Crime (Financial Assistance) Act 1983 110

Part 1.38 Victims of Crime (Financial Assistance) Regulation 1998 113

Part 1.39 Workers Compensation Act 1951 113

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend Acts because of the enactment of the Crimes (Sentencing) Act 2005 and Crimes (Sentence Administration) Act 2005, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Sentencing Legislation Amendment Act 2006.

(1) This Act commences on the commencement of the Crimes (Sentence Administration) Act 2005.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) However, an amendment made by this Act for which there is a commencement date stated in brackets at the end of the amendment commences on the date stated.

This Act amends the legislation mentioned in schedule 1 and schedule 2.

(1) The provisions set out in schedule 3 are taken, on the commencement of this section, to be a regulation made under the Crimes (Sentencing) Act 2005, section 139 (Regulation-making power).

(2) To remove any doubt and without limiting subsection (1), the provisions set out in schedule 3 may be amended or repealed as if they had been made as a regulation by the Executive under the Crimes (Sentencing) Act 2005, section 139.

(3) To remove any doubt, the regulation mentioned in subsection (1) is taken—

(a) to have been notified under the Legislation Act on the day this Act is notified; and

(b) to have commenced on the commencement of the Crimes (Sentencing) Act 2005; and

(c) not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).

(4) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(5) This section expires on the day it commences.

(1) The provisions set out in schedule 4 are taken, on the commencement of this section, to be a regulation made under the Crimes (Sentence Administration) Act 2005, section 325 (Regulation-making power).

(2) To remove any doubt and without limiting subsection (1), the provisions set out in schedule 4 may be amended or repealed as if they had been made as a regulation by the Executive under the Crimes (Sentence Administration) Act 2005, section 325.

(3) To remove any doubt, the regulation mentioned in subsection (1) is taken—

(a) to have been notified under the Legislation Act on the day this Act is notified; and

(b) to have commenced on the commencement of the Crimes (Sentence Administration) Act 2005; and

(c) not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).

(4) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(5) This section expires on the day it commences.

(1) The following Acts are repealed:

• Community Based Sentences (Transfer) Act 2003 A2003-5

• Corrections Reform Amendment Act 2004 A2004-61

• Custodial Escorts Act 1998 A1998-66

• Parole Orders (Transfer) Act 1983 A1983-10

• Periodic Detention Act 1995 A1995-3

• Prisoners (International Transfer) Act 1999 A1999-9

• Prisoners Interstate Leave Act 1997 A1997-99

• Prisoners (Interstate Transfer) Act 1993 A1993-70

• Rehabilitation of Offenders (Interim) Act 2001 A2001-82

• Remand Centres Act 1976 A1976-48

• Removal of Prisoners Act 1968 A1968-82

• Supervision of Offenders (Community Service Orders) Act 1985 A1985-10.

(2) The following regulations are repealed:

• Community Based Sentences (Transfer) Regulation 2004 SL2004-51

• Custodial Escorts Regulation 2002 SL2002-11

• Periodic Detention Regulation 1995 SL1995-34

• Rehabilitation of Offenders (Interim) Regulation 2001 SL2001-39

• Remand Centres Regulation 1976 SL1976-17.

(3) All other registrable instruments under an Act mentioned in subsection (1) are repealed.

(1) A decision by the chief executive under any of the following provisions of the Crimes (Sentence Administration) Act 2005:

• section 25 (Full-time detention—chief executive directions)

• section 28 (Work and activities by full-time detainee)

• section 44 (Periodic detention—chief executive directions)

• section 53 (Periodic detention—activities and work)

• section 55 (Periodic detention—approval not to perform etc)

• section 58 (Failing to perform periodic detention—extension of periodic detention period)

• section 59 (Failing to perform periodic detention—referral to board)

• section 60 (Offender not fit for periodic detention—extension of periodic detention period)

• section 87 (Good behaviour—chief executive directions)

• section 91 (Community service work—chief executive directions)

• section 92 (Community service work—failure to report etc)

• section 100 (Rehabilitation programs—chief executive directions)

• section 138 (Parole—chief executive directions)

• section 302 (Release on licence—chief executive directions)

• section 321 (Chief executive directions—general).

(2) A decision by a work supervisor under the Crimes (Sentence Administration) Act 2005, section 54 (3) or (4) (Periodic detention—activities or work outside correctional centres).

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘mental dysfunction—see the Mental Health (Treatment and Care) Act 1994, dictionary.’ means that the term ‘mental dysfunction’ is defined in that dictionary and the definition applies to this Act.

(1) This section applies to a person arrested, or otherwise brought before the court or a magistrate, in relation to a breach, or anticipated breach, of—

(a) a deferred sentence obligation under the Crimes (Sentencing) Act 2005; or

(b) any of the following obligations under the Crimes (Sentence Administration) Act 2005:

(i) a periodic detention obligation;

(ii) a good behaviour obligation;

(iii) a parole obligation;

(iv) a release on licence obligation.

1 Martin has been found guilty of armed robbery and sentenced to periodic detention. He has breached his periodic detention obligations and is arrested and brought before a magistrate under the Crimes (Sentence Administration) Act 2005, section 65 (Arrest warrant—breach of periodic detention obligations). There is no presumption in relation to bail because the offence of armed robbery is an offence to which division 2.2 (Presumption for bail) does not apply.

2 Joe has been found guilty of threatening to kill. Joe had, 3 years before, been found guilty of an offence involving violence. A suspended sentence order under the Crimes (Sentencing) Act 2005 is made as part of the sentence for the offence of threatening to kill and Joe is released under the order on signing an undertaking under a good behaviour order. However, Joe breaches the good behaviour order and is before the court on an application to cancel the order. There is no presumption in relation to bail because section 9B (b) applies to make the offence of threatening to kill an offence to which division 2.2 (Presumption for bail) does not apply.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4) Subsection (3) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) This section applies if—

(a) a person is arrested under the Crimes (Sentence Administration) Act 2005, section 206 (Arrest of offender for board hearing) and brought before a magistrate; or

(b) a person is remanded in custody under the Crimes (Sentence Administration) Act 2005, section 210 (Custody of offender during board hearing adjournment) and an application for bail for the person is made to a court or magistrate.

(2) The person has the same entitlement to bail as the person had for the offence to which the board hearing relates.

Note Found guilty, of an offence, includes—

• having an order made for the offence under the Crimes (Sentencing) Act 2005, s 17 (Non-conviction orders—general)

• having the offence taken into account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding additional offences taken into account in sentencing)

• having an order made for the offence under the Children and Young People Act 1999, s 98 (Disposition without proceeding to conviction)

(see Legislation Act, dict, pt 1).

(e) a requirement that the person—

(i) accept supervision by the chief executive; and

(ii) comply with any reasonable direction of the chief executive; and

1 a direction to attend a program

2 a direction to comply with a mental health assessment or treatment order made by the mental health tribunal

3 a direction to attend drug or alcohol counselling

(d) for an accused person who is at a correctional centre or a NSW correctional centre—the person in charge of the centre.

(2) The person in charge of the correctional centre or other place where the person is in custody must give the court written notice that the person remains in custody because of the failure to comply with a bail condition.

(3) The notice must be given to the court not later than 7 days after the day the person is received into custody.

(4) To remove any doubt, the court to which a notice is given under subsection (2) may, on its own initiative, conduct a review under section 46 of the condition on which bail was granted.

(5) A notice under this section is required to be given only once in relation to any particular grant of bail.

(6) A regulation may prescribe information that is to be given to a court with a notice under this section.

• chief executive

• correctional centre

• director of corrective services

• found guilty

(d) a person subject to an order under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); and

(ii) a breach of an obligation mentioned in section 8A (Entitlement to bail—breach of sentence obligations).

parental responsibility—a person has parental responsibility for a child or young person if the person has parental responsibility for the child or young person under the Children and Young People Act 1999, section 18.

Note For the meaning of parental responsibility, see the Children and Young People Act 1999, s 17.

police officer includes a office-holder under an Act who, because of the Act, has the power to arrest or detain a person or to take a person into the office-holder’s custody, but does not include a corrections officer.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

remand centre

correctional centre

a custodial escort

corrections officer

(4) If the Childrens Court makes an order under subsection (2), the court must not make—

(a) an order under any of the following provisions of the Crimes (Sentencing) Act 2005 for the offence:

(i) section 17 (Non-conviction orders—general);

(ii) section 19 (Reparation orders—losses and expenses generally);

(iii) section 20 (Reparation orders—stolen property); or

(b) a good behaviour order with a community service condition under the Crimes (Sentencing) Act 2005.

(2) For subsection (1) (b), the Childrens Court may make a good behaviour order under the Crimes (Sentencing) Act 2005—

(a) section 13 (Good behaviour orders); or

(b) section 17 (2) (b) (Non-conviction orders—general).

(3) However, the good behaviour order must not include any of the following conditions under the Crimes (Sentencing) Act 2005, section 13:

(a) that the young person give security for a stated amount, with or without sureties, for compliance with the order;

(b) a community service condition;

(c) a rehabilitation program condition;

(d) a probation condition.

(4) Subsection (2) and (3) (d) do not limit the Childrens Court’s power to make a probation order under section 96 (Disposition of young offenders).

prison

a correctional centre

(b) the outstanding fine has not been remitted by the Executive.

a custodial escort

corrections officer

(1) If the chief executive gives a transfer direction under section 120 for a person, the person may be placed in a shelter or correctional centre until the person is transferred.

Note Correctional centre is defined in the Legislation Act, dict, pt 1.

(2) However, the person must not be placed in a correctional centre without the written approval of—

(a) the chief executive; and

(b) the chief executive of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.

(3) The person must not be kept in a shelter for longer than 14 days without the written approval of the chief executive.

(4) The person must not be kept at a correctional centre for longer than 14 days without the written approval of—

(a) the chief executive; and

(b) the chief executive of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.

(5) A transfer direction for a person is authority for an officer, corrections officer or police officer—

(a) to take the person to and from a shelter or correctional centre for this section; and

(b) to take the person to the institution in accordance with the direction.

(6) The authority under subsection (5) (a) is subject to the direction.

remand centre

correctional centre

(1) If the Childrens Court commits a young person to an institution or State institution, the young person must be placed in a shelter or correctional centre until the young person is removed to the institution.

Note Correctional centre is defined in the Legislation Act, dict, pt 1.

(2) The young person must not be kept in a shelter or correctional centre for longer than 14 days without an order of the Childrens Court or the written approval of the chief executive.

(3) An order committing a young person to an institution or State institution is authority for an officer, corrections officer or police officer to do 1 or more of the following:

(a) take the young person to and from a shelter or correctional centre for this section;

(b) take the young person to the institution or State institution;

(c) for a young person committed to a State institution—take the young person to the State or Territory stated in the order for detention in the State institution.

(4) The authority under subsection (3) (a) is subject to the order.

If a young person is in a correctional centre under this Act, the Corrections Management Act 2006 applies in relation to the young person as if the young person were a full-time detainee under that Act.

Note Correctional centre is defined in the Legislation Act, dict, pt 1.

Note For remissions, pardons and the prerogative of mercy, see the Crimes (Sentence Administration) Act 2005, pt 13.2.

(b) a corrections officer; or

(1) If the chief executive makes an arrangement under this Act for the transfer of a young offender from the ACT to a State in the temporary control of an escort mentioned in section 139 (2), the offender may be placed in a shelter or correctional centre until the offender is delivered to the escort.

Note Correctional centre is defined in the Legislation Act, dict, pt 1.

(2) However, the young offender must not be placed in a correctional centre without the written approval of—

(a) the chief executive; and

(b) the chief executive of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.

(3) The young offender must not be kept in a shelter for longer than 14 days without the written approval of the chief executive.

(4) The young offender must not be kept at a correctional centre for longer than 14 days without the written approval of—

(a) the chief executive; and

(b) the chief executive of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.

(5) An arrangement under subsection (1) is authority for an officer, corrections officer or police officer to take the young offender to and from a shelter or correctional centre for this section.

(6) The authority under subsection (5) is subject to the arrangement.

(3) This section does not apply to a child or young person to whom the Corrections Management Act 2006 applies.

remand centre

correctional centre

remand centre

correctional centre

• correctional centre

corrections officer—see the Corrections Management Act 2006, section 20.

(1) The controller must take reasonable steps to return a thing seized under section 34 (e) to the person from whom it was seized, or to someone else who appears to the controller to be entitled to it, if—

(a) a prosecution for an offence against this Act in relation to the thing is not started within 90 days after the day of the seizure; or

(b) a person is charged with an offence against this Act in relation to the thing within the 90-day period but the person is not convicted or found guilty of the offence.

(2) If a person is convicted or found guilty of an offence against this Act in relation to a thing seized under section 34 (e), the court may order—

(a) that the thing be given to the person who appears to the court to be entitled to it; or

(b) that the thing be forfeited to the Territory.

Note 1 Found guilty, of an offence, includes—

• having an order made for the offence under the Crimes (Sentencing) Act 2005, s 17 (Non-conviction orders—general)

• having the offence taken into account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding additional offences taken into account in sentencing)

• having an order made for the offence under the Children and Young People Act 1999, s 98 (Disposition without proceeding to conviction)

(see Legislation Act, dict, pt 1).

(b) another order under this Act of a relevant court; or

(4) Subsections (1) and (2) do not apply if the dealing with the property is in accordance with—

(a) an additional order under section 39; or

(b) this Act.

(b) another order under this Act of a relevant court; or

or execution levied against the property

(d) any amount payable by the offender under a reparation order under the Crimes (Sentencing) Act 2005, or any corresponding order made under the law of the Commonwealth, a State or another Territory;

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘death in custody—see section 3C.’ means that the term ‘death in custody’ is defined in that section.

(1) For this Act, death in custody means the death of a person—

(a) at a correctional centre or lockup; or

(b) while performing work under a community service condition of a good behaviour order under the Crimes (Sentencing) Act 2005; or

(c) while performing work under a community service order under the Children and Young People Act 1999; or

(d) while performing periodic detention under the Crimes (Sentencing) Act 2005; or

(e) while being taken into or detained in custody, or subject to an order, under the Mental Health (Treatment and Care) Act 1994; or

(f) while subject to an order under the Children and Young People Act 1999, section 96 (1) (i) to (m) (Disposition of young offenders); or

(g) while subject to an arrangement under the Children and Young People Act 1999, section 134 (Arrangements for transfer—general) or section 145 (Lawful custody for transit through ACT); or

(h) while at a licensed place under the Intoxicated People (Care and Protection) Act 1994; or

(i) while in, being taken into, or after being taken into, the custody of a custodial officer; or

(j) while escaping, or attempting to escape, from the custody of a custodial officer, other than a carer under the Intoxicated People (Care and Protection) Act 1994.

(2) Also, death in custody includes death because of a fatal injury sustained in a place, or in circumstances, mentioned in subsection (1).

(3) For subsection (1) (f) and (g), a person is subject to an order or arrangement—

(a) while being taken into, or detained in, custody under the order or arrangement; or

(b) while being restrained, or otherwise being provided with care, under the order or arrangement; or

(c) while otherwise subject to the order or arrangement.

(4) Subsection (1) (b), note and this subsection expire on 2 June 2011.

In this Act:

custodial officer means any of the following:

(a) a police officer;

(b) the person in charge of a correctional centre;

(c) a corrections officer;

(d) the chief psychiatrist;

(e) a mental health officer;

(f) the chief executive of the administrative unit responsible for the Children and Young People Act 1999, chapter 2 (General objects, principles and parental responsibility) or an officer under that Act;

(g) the sheriff, a deputy sheriff, or a person appointed to assist the sheriff, under the Supreme Court Act 1933;

(h) a carer under the Intoxicated People (Care and Protection) Act 1994.

• Act

• ACT

• appoint

• Attorney-General

• Chief Magistrate

• child

• correctional centre

• corrections officer

• director of public prosecutions

• domestic partner (see s 169 (1))

• establish

• Executive

• exercise

• give

• indictable offence

• individual

• in relation to

• instrument

• law

• lawyer

• magistrate

• Minister (see s 162)

• oath

• parent

• person

• police officer

• power

• proceeding

• property

• public servant

• registrar-general

• regulation

• Supreme Court

• the Territory

• under

chief psychiatrist—see the Mental Health (Treatment and Care) Act 1994, dictionary.

custodial officer—see section 3D.

death in custody—see section 3C.

mental health officer—see the Mental Health (Treatment and Care) Act 1994, dictionary.

For this part, an offender serving periodic detention in the offender’s periodic detention period of a sentence of imprisonment under the Crimes (Sentencing) Act 2005 is taken to be in lawful custody only while performing periodic detention.

Note The Crimes (Sentence Administration) Act 2005, pt 5.3 provides for the performance of periodic detention.

(d) takes anything into a correctional centre, lockup or another place of lawful detention with intent to facilitate the escape from there of someone else who is detained or in custody in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory;

(c) rescues by force a person who is in lawful custody at a correctional centre, lockup or another place of lawful detention in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory from that centre, lockup or place; or

(a) in accordance with a permission given under a law of the Territory, the Commonwealth, a State or another Territory, leaves a correctional centre, lockup or another place of lawful detention where the person is detained, in custody or detained during pleasure in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory; and

prison

correctional centre

(a) authorising a police officer or corrections officer to take the person to a correctional centre or other place of detention stated in the warrant; and

(1) A knife seized under section 193 (Power to conduct search of person for knife) is forfeited to the Territory if the person from whom the knife was seized is convicted or found guilty of an offence against section 382 (Possession of knife in public place or school) in relation to the knife.

to him or her seems meet

the judge considers appropriate

(2) On a trial on indictment the defendant must not, without the court’s leave, present evidence in support of an alibi unless, within 14 days after the day the defendant is committed for trial, the defendant gives notice of particulars of the alibi.

prison

a correctional centre

custodial escort

corrections officer

prison or remand centre

correctional centre

(6) If the Magistrates Court makes an order under subsection (2), it must not make an order under any of the following provisions of the Crimes (Sentencing) Act 2005 for the offence:

(a) section 13 (Good behaviour orders);

(b) section 17 (Non-conviction orders—general);

(c) section 19 (Reparation orders—losses and expenses generally);

(d) section 20 (Reparation orders—stolen property).

the defendant may be imprisoned

the magistrate may order that the defendant be imprisoned

(b) confirm the conviction and recommend that the Executive act under either of the following sections of the Crimes (Sentence Administration) Act 2005 in relation to the convicted person:

(i) section 313 (Remission of penalties);

(ii) section 314 (Grant of pardons); or

For a trial or prosecution, a court may order the person in charge of a correctional centre or other place where a person is detained in lawful custody to bring the person before the court and to return the person to the centre or other place in accordance with the order.

(ii) a good behaviour order; or

• correctional centre

corrections officer—see the Corrections Management Act 2006, section 20.

(c) an offence taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account) in making a sentence-related order in relation to a principal offence, or an admission (however described) being accepted in relation to the offence under a corresponding provision of a foreign law;

(i) the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); or

Note An order under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) is taken to be a non-conviction order that is a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 336).

(i) the offence was taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account) in making a sentence-related order in relation to a principal offence; and

(3) For this section, a reference to taking into account an offence includes the taking into account of the offence under the Crimes Act 1900, section 357 (repealed).

(i) the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); or

Note An order under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) is taken to be a non-conviction order that is a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 336).

(4) Subsection (1) (a) (i), note and this subsection expire on 3 June 2021.

(c) stops being subject to a good behaviour order under the Crimes (Sentencing) Act 2005; or

(4) The following provisions expire on 3 June 2011:

(a) subsection (1) (c), note;

(b) dictionary, definition of community service order, paragraph (a), note;

(c) this subsection.

(a) means a community service order within the meaning of the Crimes (Sentencing) Act 2005, section 13 (6) (Good behaviour orders); or

(b) as a detainee under the Corrections Management Act 2006; or

parole means parole under the Crimes (Sentence Administration) Act 2005, and includes an equivalent order (however described) made under a foreign law.

Note A parole order under the Rehabilitation of Offenders (Interim) Act 2001 (repealed) is taken to be a parole order under the Crimes (Sentence Administration) Act 2005 (see that Act, s 343 and s 344).

(a) for a person on whom the procedure is proposed to be carried out who is not serving a sentence of imprisonment at a correctional centre or other place of detention—the person is a serious offender; and

(i) if the serious offender is serving a sentence of imprisonment at a correctional centre or other place of detention—a medical officer for the centre or place be present while the blood is taken; or

in prison

in custody at a correctional centre

the prison

the correctional centre

Note Correctional centre includes a NSW correction centre, see the dictionary.

in a prison

in custody at a correctional centre

correctional centre includes a NSW correctional centre.

Note Correctional centre and NSW correctional centre are defined in the Legislation Act, dict, pt 1.

medical officer, for a correctional centre, means a medical officer appointed for the centre.

In this Act:

sentence-related order, for an offender who is found guilty of an offence, means—

(a) for an adult offender, any of the following orders of the court:

(i) an order sentencing the offender;

(ii) an order under the Crimes (Sentencing) Act 2005, section 12 (Suspended sentences) or section 17 (Non-conviction orders—general);

(b) for a young offender, any of the following orders under the Children and Young People Act 1999:

(i) an order under that Act, section 96 (Disposition of young offenders);

(ii) an order under that Act, section 98 (Disposition without proceeding to conviction), including an order dismissing a charge.

1 an order for a sentence of imprisonment

2 an order for periodic detention under the Crimes (Sentencing) Act 2005

3 a good behaviour order under the Crimes (Sentencing) Act 2005, including an order subject to a community service condition

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Note 2 The Crimes (Sentencing) Act 2005, section 33 (1) (x) provides that, in deciding how an offender should be sentenced (if at all) for an offence, the matters known to the court that it must consider include, if relevant, the fact that the person has accepted responsibility for the offence to take part in restorative justice.

However, the Crimes (Sentencing) Act 2005, section 34 (1) (g) provides that a court must not increase the severity of the sentence that it would otherwise impose on a person for an offence because the offender has chosen not to take part, or to continue to take part, in restorative justice for the offence.

Sam is an offender, and Bella is a victim of Sam’s offence. Sam is found guilty of the offence but, under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general), the charge is dismissed and no conviction is recorded. After taking part in a restorative justice conference, Sam and Bella sign a restorative justice agreement under which Sam agrees to work in Bella’s garden every Saturday for 6 months.

However, 4 months after the start of the agreement, the company Sam works for moves its head office from Canberra to Brisbane, and Sam is required to move there before the 6 months is over to keep his job. Sam has until then complied fully with the agreement.

The convenor may consider, because of Sam’s history of compliance with the agreement, and the change in Sam’s situation, there is a change in Sam’s situation that would justify an amendment to the agreement to reduce its term so that it will end when Sam has to move to Brisbane.

Note 1 See s (5), def change in the situation. The definition excludes a change in the offender’s, victim’s or parent’s attitude to compliance with the restorative justice agreement.

Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Pat has been found guilty of an offence but, without convicting Pat, the court makes a good behaviour order under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general). The offence is referred for restorative justice by the chief executive (corrections).

After a restorative justice conference, Pat enters into a restorative justice agreement with the victim of the offence. Under the agreement, Pat promises to attend a rehabilitation program on a particular night of the week for 3 months. However, after 2 weeks, Pat breaches the agreement by stopping to attend the program.

The chief executive (restorative justice) becomes aware of the breach of the agreement. Under section 57 (2), the chief executive (restorative justice) must report the breach to the referring entity, the chief executive (corrections). However, the chief executive (restorative justice) is the same person as the chief executive (corrections).

This section requires the chief executive to ensure that administrative arrangements are made for the report to be given by a delegate of the chief executive in the chief executive’s capacity as administering this Act to someone else who is a delegate of the chief executive in the chief executive’s capacity as administering sentence-related orders such as the order for Pat.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Note 1 A condition recommended by the court is, under the Crimes (Sentence Administration) Act 2005, an additional condition of the offender’s periodic detention (see that Act, s 40, def additional condition, par (a)).

(8) This section is subject to chapter 6 (Good behaviour orders).

(see Crimes (Sentence Administration) Act 2005, s 140 and s 160)

Note The sentence administration board must have regard to any condition recommended by the sentencing court (see Crimes (Sentence Administration) Act 2005, s 130 (3)).

(3) To remove any doubt, this section does not apply in relation to a period of full-time detention that is consequent on the suspension or cancellation of a periodic detention period.

Note If an offender’s periodic detention period is suspended or cancelled, the suspended part or the remainder of the sentence of periodic detention must be served by full-time detention (see Crimes (Sentence Administration) Act 2005, s 79).

(b) section 72 (Concurrent and consecutive sentences—offences while in custody or unlawfully absent);

(1) This section applies if the primary sentence is imposed on the offender for any of the following offences:

(a) an offence committed while the offender was in lawful custody;

(b) an offence committed while the offender was unlawfully absent from a correctional centre or other place during the term of the offender’s sentence of imprisonment;

(c) an offence involving an escape from lawful custody.

the offender fails to return to a correctional centre as required after community service work or approved leave

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

table 86

table 79

Note 2 Community service work is work declared by regulation under the Crimes (Sentence Administration) Act 2005 (see that Act, s 316).

(1) This section applies if the reparation order does not require the payment of money.

Note An offender may breach a reparation order by failing to comply with it (see Legislation Act, dict, pt 1, def breach).

(2) If the offender breaches the reparation order, the person in whose favour the order was made may apply to the court for an order under this section to be made against the offender.

(3) On an application under subsection (2), the court may make an order for the payment of money against the offender in substitution for the breached order.

Note 1 Restrained property may be dealt with only in accordance with the Confiscation Act (see that Act, s 19, def restraining order and s 33 (1)). For the exclusion of restrained property from forfeiture, see the Confiscation Act, pt 6.

Note 2 For applications by a person who had an interest in forfeited property for the property’s return or for compensation, see the Confiscation Act, div 9.5.

(5) If a conviction or finding of guilt is set aside—

(a) any relevant order to which the conviction or finding of guilt relates is set aside; and

(b) an appeal court may make any order it considers appropriate in the interests of justice consequent on any order given under subsection (3).

(1) This section applies to any information in relation to an offence (including an alleged offence) in a record of a criminal justice entity, including information about—

(a) a person charged with the offence; and

(b) a victim of the offence; and

(c) a person convicted or found guilty of the offence.

(g) the victims of crime coordinator under the Victims of Crime Act 1994;

(h) any other entity prescribed by regulation.

(b) for an old nonparole period set before the commencement—the old nonparole period has not ended before the commencement.

(a) if the old nonparole period was set before the commencement of this section—for the period remaining at the commencement; or

(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act, the Crimes (Sentence Administration) Act 2005 or the Sentencing Legislation Amendment Act 2006.

Any rule of the common law that provides that a person has a legal disability because of the person’s conviction for the offence is abolished.

(1) In any Act, instrument made under an Act or document, a reference to an earlier law is, in relation to anything to which this Act applies, a reference to this Act.

(2) In any Act, instrument made under an Act or document, a reference to a provision of an earlier law is, in relation to anything to which this Act applies, a reference to the corresponding provision of this Act.

(3) In any Act, instrument made under an Act or document, a reference to anything that is no longer applicable because of the repeal or amendment of an earlier law by the Sentencing Legislation Amendment Act 2006, and for which there is a corresponding thing under this Act, is taken to be a reference to the thing under this Act, if the context allows and if otherwise appropriate.

(4) In this section:

earlier law means any of the following:

(a) Crimes Act 1900;

(b) Magistrates Court Act 1930;

(c) Periodic Detention Act 1995 (repealed).

A provision of this chapter (other than section 143 or section 147) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) This chapter expires 5 years after the day it commences.

(2) When this chapter expires, the following provisions also expire:

(a) Confiscation of Criminal Assets Act 2003, section 86 (3) (d), note;

(b) the following provisions of the Magistrates Court Act 1930:

(i) section 146, definition of fine, paragraph (e), note;

(ii) section 154D (4), note;

(c) the following provisions of the Victims of Crime (Financial Assistance) Act 1983:

(i) section 35 (2) (c), note;

(ii) section 40 (2) (c), note;

(iii) section 66 (2) (a) (i), note.

at, in relation to a correctional centre, includes in the correctional centre.

community service work—see the Crimes (Sentence Administration) Act 2005, section 316.

corrections officer—see the Corrections Management Act 2006, section 20.

parole order—see the Crimes (Sentence Administration) Act 2005, section 117.

periodic detention, for an offender—see the Crimes (Sentence Administration) Act 2005, section 40.

amended

extended

in a correctional centre

at a correctional centre

• section 9 (2), note 1

• section 10 (3)

• section 29 (1) (a), note

• section 29 (1), example 2

• section 31 (c), example

• section 82 (1) (c)

(a) the registrar of the Magistrates Court, in relation to an order under the Magistrates Court Act 1930, section 154D (Fine defaulters—imprisonment); and

Note 2 For the application of this Act to sentenced offenders and other detainees under full-time imprisonment before the commencement of this Act, see s 327 (Application of Act to offenders and other people in custody), s 330 (Full-time imprisonment—sentenced offenders) and s 331A (Full-time imprisonment—other detainees).

Note For the application of this Act to remandees in custody before the commencement of this Act, see s 327 (Application of Act to offenders and other people in custody) and s 331 (Full-time imprisonment—remandees).

detention in—

detention at—

in the ACT correctional centre

at the ACT correctional centre

(1) The chief executive may direct an offender, orally or in writing, to submit to a search when reporting to perform periodic detention.

(2) The provisions of the Corrections Management Act 2005 relating to searches apply, with any necessary changes, in relation to a direction under this section and any search conducted under the direction.

section 86

section 85

(2) The provisions of the Corrections Management Act 2005 relating to searches apply, with any necessary changes, in relation to a direction under this section and any frisk search conducted under the direction.

In this chapter:

registered victim, of an offender, means a person who is a registered victim of an offence by the offender only if this chapter applies to the sentence of imprisonment for the offence.

victim, of an offender, means a person who is a victim of an offence by the offender only if this chapter applies to the sentence of imprisonment for the offence.

(1) The chief executive may direct an offender, orally or in writing, to give a test sample.

(2) The provisions of the Corrections Management Act 2006 relating to alcohol and drug tests apply, with any necessary changes, in relation to a direction under this section and any sample given under the direction.

release under the parole order

release on parole

parole release date for the sentence

offender’s parole release date

(1) The chief executive may direct an offender, orally or in writing, to give a test sample.

(2) The provisions of the Corrections Management Act 2006 relating to alcohol and drug tests apply, with any necessary changes, in relation to a direction under this section and any sample given under the direction.

The prerogative of mercy is not affected by—

• this Act

• the Corrections Management Act 2006

• the Crimes (Sentencing) Act 2005.

(1) A certificate that appears to be signed by or for the chief executive, and states any matter relevant to anything done or not done under this Act in relation to person, is evidence of the matter.

(2) Without limiting subsection (1), a certificate under subsection (1) may state any of the following:

(a) that a stated person was, or was not subject to full-time detention or periodic detention on a stated day;

(b) that a stated person was or was not in the chief executive’s custody on a stated day;

(c) that a stated offender subject to full-time detention did not comply with a stated obligation of the detention;

(d) that a stated offender subject to periodic detention did not comply with a stated obligation of the detention;

(e) that a stated offender’s release from imprisonment on a stated day was authorised by a parole order;

(f) that a stated offender released from imprisonment on parole did not comply with a stated condition of the parole;

(g) that a stated offender’s release from imprisonment on a stated day was authorised by a licence;

(h) that a stated offender released from imprisonment on licence did not comply with a stated condition of the release;

(i) that the chief executive gave a stated direction to a stated person on a stated day;

(j) that a stated person did not comply with a stated direction by the chief executive on a stated day;

(k) that a stated decision was made by the board on a stated date;

(l) that a stated person did, or did not, occupy a position under this Act on a stated day;

(m) that a stated instrument under this Act was, or was not, in force on a stated day;

(n) that a stated instrument is a copy of an instrument made, given, issued or received under this Act.

(3) A certificate that appears to be signed by or for the chief executive, and states any matter prescribed by regulation for this section, is evidence of the stated matter.

(4) A certificate mentioned in subsection (1) or (2) may state a matter by reference to a date or period.

(5) A certificate of the results of the analysis of a substance under this Act, signed by an analyst, is evidence of the facts stated in the certificate.

(6) A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.

(7) However, the following certificates must not be admitted in evidence by a court unless the court is satisfied that reasonable efforts have been made to serve a copy of the certificate on the person concerned:

(a) a certificate about a matter mentioned in subsection (2) (c), (d) or (f) or (h) to (j);

(b) a certificate mentioned in subsection (5).

(8) The chief executive may appoint analysts for this Act.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

(9) An appointment under subsection (8) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(10) In this section:

analyst means a person who is appointed as an analyst under subsection (8).

(2) If the offender’s sentence was imposed before the commencement day—

(a) this Act applies in relation to the sentence on and after the commencement day; and

(b) the court order for the sentence is taken to be a committal order under part 3.1 (Imprisonment) in relation to the sentence on and after the commencement day.

(3) If the offender’s sentence is imposed on or after the commencement day—

(a) this Act applies in relation to the sentence from the time when the sentence is imposed; and

(b) the court order for the sentence is taken to be a committal order under part 3.1 in relation to the sentence from the time when the sentence is imposed.

(4) For each offender to whom this section applies, the chief executive is taken to have given a direction under section 26 (Full-time detention in ACT or NSW) on the commencement day that the offender be kept in full-time detention in the place where the offender was in full-time imprisonment immediately before the commencement day.

(2) If the order for the offender’s remand was made before the commencement day—

(a) this Act applies in relation to the remand on and after the commencement day; and

(b) the court order for the remand is taken to be a remand order under part 3.2 (Remand) in relation to the remand on and after the commencement day.

(3) If the order for the offender’s remand is made on or after the commencement day—

(a) this Act applies in relation to the remand from the time when the order is made; and

(b) the court order for the remand is taken to be an order for remand under part 3.2 in relation to the remand from the time when the order is made.

(4) For each offender to whom this section applies, the chief executive is taken to have given a direction under section 26 (Full-time detention in ACT or NSW) on the day the order is made that the offender be kept in full-time detention in the place where the offender was in full-time imprisonment immediately before that day.

(1) This section applies if a person (other than a sentenced offender or remandee) is required, immediately before the commencement day, to be held in custody or detention under a territory law or a law of the Commonwealth, a State or another Territory.

(3) For each person to whom this section applies, the chief executive is taken to have given a direction under section 26 (Full-time detention in ACT or NSW) on the commencement day that the offender be kept in full-time detention in the place where the offender was held in custody or detention immediately before the commencement day.

(1) A warrant in force immediately before the commencement day under the Removal of Prisoners Act 1968 (repealed), section 5 (Removal to, or detention in, State) in relation to a detainee is taken, on and after the commencement day, to be a direction under this Act, section 26 (Full-time detention in ACT or NSW) for the detention of the detainee at a NSW correctional centre.

(2) To remove any doubt, this Act, part 4.3 (Full-time detention in NSW) applies in relation to a detainee to whom this section applies.

(3) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) This section applies to a person who held any of the following positions on the Sentence Administration Board (the old board) under the Rehabilitation of Offenders (Interim) Act 2001 (repealed) immediately before the commencement day:

(a) chairperson;

(b) deputy chairperson;

(c) member.

(2) The chairperson of the old board is taken to be the chairperson of the board under this Act.

(3) A deputy chairperson of the old board is taken to be a deputy chairperson of the board under this Act.

(4) A member of the old board is taken to be a member of the board under this Act.

(5) A person who holds a position on the board under this Act because of this section holds that position, subject to this Act, for the remainder of the term for which the person was appointed to the corresponding position on the old board.

(1) This section applies to a person who held a position of official visitor under the Remand Centres Act 1976 (repealed) immediately before the commencement day.

(2) The person is taken to be an official visitor in relation to a correctional centre under this Act.

(3) A person who holds a position of official visitor in relation to a correctional centre under this Act because of this section holds that position, subject to this Act, for the remainder of the term for which the person was appointed as an official visitor under the Remand Centres Act 1976 (repealed).

(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act, the Crimes (Sentencing) Act 2005 or the Sentencing Legislation Amendment Act 2006.

(1) In any Act, instrument made under an Act or document, a reference to an earlier law is, in relation to anything to which this Act applies, a reference to this Act.

(2) In any Act, instrument made under an Act or document, a reference to a provision of an earlier law is, in relation to anything to which this Act applies, a reference to the corresponding provision of this Act.

(3) In any Act, instrument made under an Act or document, a reference to anything that is no longer applicable because of the repeal or amendment of an earlier law by the Sentencing Legislation Amendment Act 2006, and for which there is a corresponding thing under this Act, is taken to be a reference to the thing under this Act, if the context allows and if otherwise appropriate.

(4) In this section:

earlier law means any of the following:

(a) Community Based Sentences (Transfer) Act 2003 (repealed);

(b) Crimes Act 1900;

(c) Custodial Escorts Act 1998 (repealed);

(d) Magistrates Court Act 1930;

(e) Parole Orders (Transfer) Act 1983 (repealed);

(f) Periodic Detention Act 1995 (repealed);

(g) Prisoners (International Transfer) Act 1999 (repealed);

(h) Prisoners Interstate Leave Act 1997 (repealed);

(i) Prisoners (Interstate Transfer) Act 1993 (repealed);

(j) Rehabilitation of Offenders (Interim) Act 2001 (repealed);

(k) Remand Centres Act 1976 (repealed);

(l) Removal of Prisoners Act 1968 (repealed);

(m) Supervision of Offenders (Community Service Orders) Act 1985 (repealed).

A provision of this chapter (other than section 348 or section 352) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) This chapter expires 5 years after the day it commences.

(2) When this chapter expires, the following provisions also expire:

(a) section 10, note 2;

(b) section 15, note.

The purpose of this chapter is to make interim transitional provision, until the commencement of the Corrections Management Act 2006, in relation to the custody of people under sentences of imprisonment or under remand, or in other lawful custody, under a law in force in the ACT.

This chapter is additional to, and does not limit, chapter 16 (Transitional—general).

To remove any doubt, this chapter does not apply in relation to an order to which section 332 (Home detention orders—Rehabilitation of Offenders (Interim) Act) applies.

(1) In this chapter:

Corrections Management Act 2006 means an Act about correctional services passed by the Legislative Assembly after 2 June 2006 that provides that this definition applies to it.

Note The new sentencing law commences on 2 June 2006.

custody, in relation to a person, means the custody of the person under a sentence of imprisonment or under remand, or in other lawful custody, under a law in force in the ACT.

interim custody period means the period commencing on 2 June 2006 and ending immediately before the Corrections Management Act 2006 commences.

new sentencing law means the following Acts:

(a) the Crimes (Sentencing) Act 2005;

(b) the Crimes (Sentence Administration) Act 2005.

old custody law means the territory law in force immediately before 2 June 2006 applying in relation to the custody of a person, and includes, in particular, the following:

(a) the provisions of the Periodic Detention Act 1995 (repealed), as applied by section 606 (Application of old custody law—periodic detention);

(b) the provisions of the Prisoners Interstate Leave Act 1997 (repealed);

(c) the provisions of the Remand Centres Act 1976 (repealed), as applied by section 607 (Application of old custody law—remand).

(2) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) Subject to section 605, the old custody law applies to the new sentencing law in relation to the custody of a person in the interim custody period.

(2) For subsection (1), the old custody law and the new sentencing law apply with—

(a) any necessary changes so that the person in custody is dealt with as nearly as practicable in the way the person would have been dealt with before 2 June 2006; and

(b) any changes prescribed by regulation.

(3) For subsection (1) and (2), a reference in the new sentencing law to something relating to the custody of a person is taken to be a reference to the corresponding thing under the old custody law.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) For section 604, the provisions of the old custody law apply in relation to the custody of a person in the interim custody period despite the repeal of the following Acts and regulations (and any instruments under them) by the Sentencing Legislation Amendment Act 2006, section 6 (Legislation repealed):

• Community Based Sentences (Transfer) Act 2003 A2003-5

• Community Based Sentences (Transfer) Regulation 2004 SL2004-51

• Custodial Escorts Act 1998 A1998-66

• Custodial Escorts Regulation 2002 SL2002-11

• Parole Orders (Transfer) Act 1983 A1983-10

• Periodic Detention Act 1995 A1995-3

• Periodic Detention Regulation 1995 SL1995-34

• Prisoners (International Transfer) Act 1999 A1999-9

• Prisoners Interstate Leave Act 1997 A1997-99

• Prisoners (Interstate Transfer) Act 1993 A1993-70

• Rehabilitation of Offenders (Interim) Act 2001 A2001-82

• Rehabilitation of Offenders (Interim) Regulation 2001 SL2001-39

• Remand Centres Act 1976 A1976-48

• Remand Centres Regulation 1976 SL1976-17

• Removal of Prisoners Act 1968 A1968-82

• Supervision of Offenders (Community Service Orders) Act 1985 A1985-10.

(2) However, a provision of the old custody law has no effect to the extent that it is inconsistent with the new sentencing law.

(3) For subsection (2), a provision is taken to be consistent with the new sentencing law to the extent that it can operate concurrently with that law.

(4) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) For section 605, the provisions of the Periodic Detention Act 1995 (repealed) continue to apply in relation to the custody of a person in the interim custody period, and, in particular, for the application of the relevant provisions in relation to the custody of the person in that period.

(2) For subsection (1), the relevant provisions are as follows:

(a) section 8 (Identification of detainees);

(b) section 21 (Complaints by detainees);

(c) section 23 (Manager may require alcohol or drug testing);

(d) section 27 (Directions);

(e) part 3 (Corrective services administration).

(3) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) For section 605 (Old custody law continues), the provisions of the Remand Centres Act 1976 (repealed) continue to apply in relation to the custody of a person in the interim custody period.

(2) However, the following provisions of the Remand Centres Act 1976 (repealed) do not apply in relation to the custody of a person in the interim custody period:

(a) section 15 (Persons who may be detained);

(b) section 16 (Transportation of detainees).

(3) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) This section applies to a court, judge or magistrate, or the registrar or a deputy registrar of a court, (a judicial entity) in relation to the exercise of a function under the new sentencing law or the old custody law in relation to the custody of a person in the interim custody period.

(2) A judicial entity may make any order or give any direction it considers necessary or desirable to facilitate the application of the new sentencing law or the old custody law in relation to the custody of the person in the interim custody period.

(3) This section is additional to, and does not limit, any other power of the judicial entity.

(4) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) This section applies to the board in relation to the exercise of a function under the new sentencing law or the old custody law in relation to the custody of a person in the interim custody period.

(2) The board may give any direction it considers necessary or desirable to facilitate the application of the new sentencing law or the old custody law in relation to the custody of a person in the interim custody period.

(3) This section is additional to, and does not limit, any other power of the board.

(4) A direction under this section is subject to any order or direction under section 608.

(5) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) This section applies to the chief executive in relation to the exercise of a function under the new sentencing law or the old custody law in relation to the custody of a person in the interim custody period.

(2) The chief executive may give any direction the chief executive considers necessary or desirable to facilitate the application of the new sentencing law or the old custody law in relation to the custody of a person in the interim custody period.

(3) This section is additional to, and does not limit, any other power of the chief executive.

(4) A direction under this section is subject to—

(a) any order or direction under section 608 (Additional powers of courts etc); and

(b) any direction under section 609 (Additional powers of sentence administration board).

(5) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act, the Crimes (Sentencing) Act 2005, the Corrections Management Act 2005 or the Crimes (Sentencing Legislation) Consequential Amendments Act 2005.

(2) A regulation may modify this chapter (including its operation in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this chapter.

(3) A regulation under subsection (2) has effect despite anything else in this Act or another territory law.

This chapter expires 1 year after the day it commences.

at, in relation to a correctional centre, includes in the correctional centre.

combination sentence—see the Crimes (Sentencing) Act 2005, section 29 (1) (Combination sentences—offences punishable by imprisonment) and section 30 (1) (Combination sentences—offences punishable by fine).

section 86

section 85

in a NSW correctional centre

at a NSW correctional centre

registered victim, of an offender, means—

(a) for chapter 7 (Parole)—see section 118A; or

(b) for this Act—see section 213.

victim, of an offender, means—

(a) for chapter 7 (Parole)—see section 118A; or

(b) for this Act—see section 214.

• section 6

• section 7 (2) (b)

• section 8 (2) (c)

• section 9 (3) (b)

• sections 13 and 14

• section 18 (1) (a)

• section 19

• section 24

• section 36 (3) (b)

• section 42 (2) (e)

• section 43 (1) (d)

• section 45 (2)

• section 46 (2)

• section 62 (1)

• section 85 (c)

• section 86 (1) (d)

• section 95 (2)

• section 96 (2)

• section 136 (b)

• section 137 (1) (d)

• section 216 (1), example 4, paragraph (e)

• section 300 (b)

• section 301 (1) (d)

• section 319 (1)

• section 322 (1), definition of research, paragraph (b) and (2) (c)

• section 329

• dictionary, definition of test sample

in a correctional centre

at a correctional centre

• section 36 (2) (a)

• section 37 (4)

• section 162, definition of sentence of imprisonment

• section 200 (3) (b)

• section 330 (1) (b)

(Application of Act—charges after commencement)

(Application of Act to offenders charged before and after commencement)

• section 326 (2), note

• section 330 (1), note

• section 332 (2), note

• section 334 (1), note

• section 336 (1), note

• section 337 (1), note

• section 338 (1), note

• section 339 (1), note

• section 340 (1), note

• section 348 (2), note 1

(k) the functions of the director under the Crimes (Sentence Administration) Act 2005;

Note In deciding the sentence to be imposed on a person under this section, the Magistrates Court must consider the matters under the Crimes (Sentencing) Act 2005, s 33 (Sentencing—relevant considerations).

(c) information from being given to a criminal justice entity under the Crimes (Sentencing) Act 2005, section 136 (Information exchanges between criminal justice entities); or

(ca) information from being given to the chief executive in relation to the exercise of the chief executive’s functions; or

responsible officer means—

(a) in relation to an offender who is under 18 years old—the chief executive of the administrative unit responsible for the Children and Young People Act 1999, chapter 2 (General objects, principles and parental responsibility); or

(b) in any other case—the chief executive of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.

(c) that any security under any good behaviour order in relation to the original offence committed by the offender be forfeited.

may admit him or her to bail on the recognisance it considers appropriate

may grant bail to the offender

For this part,

(1) For this part,

(2) In this section:

sentence of imprisonment does not include a periodic detention period of the sentence set by a court under the Crimes (Sentencing) Act 2005, section 11 (Periodic detention).

subsections (2) and (4)

this section

(3A) A person is not eligible to be an MLA if the person is under a sentence of imprisonment for 1 year or longer for a conviction of an indictable offence.

Note For the meaning of indictable offence, see the Legislation Act, s 190 (Indictable and summary offences).

Note Contravention is defined for pt 16 (Disputed elections, eligibility and vacancies) in s 250.

in a remand centre

at a correctional centre

(4) To remove any doubt, subsection (2) does not give an elector detained in lawful custody any right to leave, or be released from, the place of custody to cast a vote.

(3) The commissioner may arrange for an officer to visit electors detained at a correctional centre to take their votes.

(4) A visit mentioned in subsection (3) must be made at a time, and in accordance with any conditions, arranged between the commissioner and the person in charge of the correctional centre.

(2) The number of scrutineers for a particular candidate who are present at a hospital, special hospital or correctional centre with the visiting officer must not be more than the number of officers at the hospital, special hospital or correctional centre.

(5) A visit under section 150 to a person detained at a correctional centre must not be made if the person in charge of the centre tells the visiting officer that the visit is prohibited on security grounds.

• correctional centre

• indictable offence

(f) the sentence administration board; or

(g) a presiding officer under the Corrections Management Act 2006, chapter 10 (Conduct of disciplinary inquiries).

• sentence administration board

This Act

(1) This Act

(b) a corrections officer in relation to a firearm in the officer’s possession for use in the exercise of the officer’s functions; or

(2) In this section:

corrections officer includes a person engaged by an entity responsible under a State law for providing correctional services for offenders.

Note Corrections officer is defined in the Legislation Act, dict, pt 1.

(c) is subject to a court order (however described), in the ACT or elsewhere, to keep the peace; or

recognisance

court order (however described)

(i) a correctional centre or lockup, or an institution or shelter under the Children and Young People Act 1999; or

(c) whether the applicant or anyone else who is concerned with, or takes part in, the applicant’s management has been convicted or found guilty of an offence against—

(i) the Criminal Code, section 313 (Receiving); or

(ii) the Crimes Act 1900, section 105 (Handling stolen property) (repealed); or

(iii) an offence against the law of a State or another Territory that corresponds to an offence mentioned in subparagraph (i) or (ii);

(d) whether the applicant or anyone else who is concerned with, or takes part in, the applicant’s management has contravened an order under—

(i) the Criminal Code, section 364 (Stolen property held by dealers etc—owners rights); or

(ii) the Crimes Act 1900, section 109 (Delivery of stolen property held by dealers) (repealed); or

(iii) a provision of the law of a State or another Territory that corresponds to a provision mentioned in subparagraph (i) or (ii).

free

• corrections officer

• judge

• registrar.

(1) The planning and land authority must take reasonable steps to return a thing seized under section 269 (1) (d) to the person from whom it was seized, or to someone else who appears to the authority to be entitled to it, if—

(a) a prosecution for an offence against this part in relation to the thing is not started within 90 days after the day of the seizure; or

(b) a person is charged with an offence against this part in relation to the thing within the 90-day period but the person is not convicted or found guilty of the offence.

(2) If a person is convicted or found guilty of an offence against this part in relation to a thing seized under section 269 (1) (d), the court may order—

(a) that the thing be given to the person who appears to the court to be entitled to it; or

(b) that the thing be forfeited to the Territory.

‘an order under the Crimes Act 1900, section 402’

‘a non-conviction order under the Crimes (Sentencing) Act 2005’

commit, a person for trial, means—

(a) to order that the person be remanded in custody until tried by the Supreme Court; or

(b) to grant bail to the person to appear and be tried by the Supreme Court.

correctional centre means a correctional centre under the Corrections Management Act 2006.

corrections officer means a corrections officer under the Corrections Management Act 2006.

found guilty, of an offence, includes—

(a) having an order made for the offence under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); and

(b) having the offence taken into account under the Crimes (Sentencing) Act 2005, section 57 (Outstanding additional offences taken into account in sentencing); and

(c) having an order made for the offence under the Children and Young People Act 1999, section 98 (Disposition without proceeding to conviction).

NSW correctional centre means a correctional centre (however described) under the Crimes (Administration of Sentences) Act 1999 (NSW).

sentence administration board means the Sentence Administration Board under the Crimes (Sentence Administration) Act 2005.

After a case has been heard and decided, any magistrate or the registrar may issue a writ of execution for the purposes of the case.

warrant of commitment or writ of execution is granted on it

committal order or writ of execution is issued for the conviction or order

If a warrant of commitment or writ of execution is granted

If a committal order or writ of execution is issued

warrant or writ

committal order or writ

confined in prison for any other offence than that charged in the indictment—on proof on oath that the person so confined in prison is the person charged and named in the indictment, issue a warrant directed to the gaoler of the prison where the person is so confined, commanding the gaoler to detain the person in the gaoler’s custody

detained at a correctional centre (including a NSW correctional centre) for any other offence—on proof on oath that the person is the person charged in the indictment, issue a warrant directing the person in charge of the correctional centre to detain the person

(1) This section applies if the court considers it is necessary or desirable to adjourn the hearing of a proceeding for an indictable offence—

(a) because of the absence of witnesses; or

(b) for any other reasonable cause.

(2) The court may—

(a) adjourn the hearing; and

(b) order the remand of the defendant into custody for a stated period; and

(c) order the chief executive to arrange for the defendant to be brought before the court at a stated time and place for the hearing.

Note The court must issue a warrant for the remand of the defendant in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 17).

(3) If the period of remand is not longer than 3 days, the order may be made orally.

Note The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the chief executive to have custody of the defendant during the remand.

(4) Any single period of remand under this section must be no longer than—

(a) 28 days; or

(b) if the defendant chooses to be remanded for a longer period without review—a longer period that the court considers reasonable.

The court may order that a defendant remanded under section 70 be brought before the court at any time during the period for which the defendant was remanded.

Note The Crimes (Sentence Administration) Act 2005, pt 3.2 and pt 3.3 provide for the chief executive to have custody of the defendant during the remand and to bring the defendant before the court as ordered by the court.

(1) This section applies if—

(a) a person in custody is entitled to appear, or is required to appear or be brought, before the court for the hearing of an application for bail; and

(b) the hearing could be conducted using an audiovisual link between the court and the place of custody.

(2) Unless the court directs otherwise, the hearing must be conducted using the audiovisual link.

(3) The court may amend or revoke a direction under subsection (2)—

(a) at any time; and

(b) on its own initiative or on application by a party to the bail proceeding.

(4) In this section:

audiovisual link—see the Evidence (Miscellaneous Provisions) Act 1991, dictionary.

(1) This section applies if the court gives a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (Territory courts may take evidence and submissions from outside ACT) or section 32 (1) (Use of link in proceedings) in relation to any part of a proceeding in relation to a defendant remanded under—

(a) section 70 (Remand of defendant); or

(b) section 72 (Bringing remanded defendant before court).

(2) The chief executive must make arrangements to ensure that the evidence can be taken, or the submission made, in accordance with the court’s direction.

The court may, at any time before the court gives its decision in a case, order that the defendant be remanded in custody.

Note 1 The court must issue a warrant for the remand of the defendant in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 17).

Note 2 The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the chief executive to have custody of the defendant during the remand.

(1) If the court commits a witness or a person sought to be made a witness, it must order that the witness or person be remanded in custody.

(2) If the court commits a defendant, it must order that the defendant be remanded in custody.

(d) if a party is at a correctional centre—the person in charge of the centre.

(1) Before or during the hearing or further hearing of an information, the magistrate may adjourn the hearing or further hearing.

(2) The magistrate may, by order, release the defendant (whether or not on bail) or remand the defendant in custody.

Note 1 If the court remands the defendant in custody it must issue a warrant for the defendant’s remand in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 17).

Note 2 The Crimes (Sentence Administration) Act 2005, part 3.2 provides for the chief executive to have custody of the defendant during the remand.

(b) in any other case—commit the defendant for trial for the offence.

Note 1 For the meaning of commit a person for trial, see the Legislation Act, dict, pt 1.

Note 2 The court must issue a warrant for the remand of the defendant in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 17).

(1) If a witness fails to enter into a recognisance, the court may order the remand of the witness in custody until after the defendant’s trial, unless the witness enters into the recognisance before a magistrate.

Note The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the chief executive to have custody of the defendant during the remand.

(2) If the witness is remanded under this section, a magistrate may order the chief executive to release the witness from custody in accordance with the order if—

(a) the defendant is not committed for trial for the offence with which the defendant is charged; or

(b) the relevant officer declines to file an information against the defendant for the offence; or

(c) the witness enters into the recognisance before a magistrate.

safe custody,

custody

Note If the defendant is sentenced to imprisonment, the court must issue a warrant for the imprisonment of the defendant in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 12).

(4) The minute must not form part of—

(a) a warrant under the Crimes (Sentence Administration) Act 2005, section 12 (Warrant for imprisonment); or

(b) a writ of execution.

(1) On application, the registrar must give an applicant a copy of—

(a) an information; or

(b) a minute or memorandum of a conviction or order; or

(c) a formal conviction or order; or

(d) a committal order.

In

(1) In

(a) a fine payable under a fine order under the Crimes (Sentencing) Act 2005; or

(e) an amount payable to the Territory under a reparation order under the Crimes (Sentencing) Act 2005; or

(f) a financial penalty imposed, otherwise than under the Crimes (Sentencing) Act 2005, in relation to an offence.

(5) A person committed under section 154D (Fine defaulters—imprisonment) is not entitled to make an application.

(b) the outstanding fine has been remitted by the Executive; or

(c) the person has completed serving a period of imprisonment because of an order under section 154D (Fine defaulters—imprisonment); or

(1) The registrar must order the imprisonment of a fine defaulter—

(a) if satisfied that all reasonable action has been taken under this division to secure payment and there is no reasonable likelihood of the outstanding fine being paid; and

(b) the outstanding fine has not been remitted by the Executive.

Note 1 The registrar must issue a warrant for the imprisonment of the person in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 12).

Note 2 For the remission of a fine by the Executive, see the Crimes (Sentence Administration) Act 2005, s 313 (Remission of penalties).

Note 3 A fine also may have been remitted under this Act, s 159 (repealed) or the Crimes Act 1900, s 434 (repealed).

(2) The order, or any warrant under the Crimes (Sentence Administration) Act 2005, section 12 (Warrant for imprisonment), must not be given effect if the amount of the outstanding fine is paid to the Territory, or to someone acting for the Territory, before the person is imprisoned.

(3) The period for which the fine defaulter must be committed is the lesser of—

(a) a period worked out at the rate of 1 day for each $100, or part of $100, of the outstanding fine; or

(b) 6 months.

(4) This section does not apply to a person if the person’s liability to pay the fine is derived from a reparation order under the Crimes (Sentencing) Act 2005.

Note A reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).

(1) This section applies if—

(a) a person is imprisoned under section 154D; and

(b) an amount is paid to the Territory (through the registrar or the chief executive) to discharge an amount of the outstanding fine.

(2) If the amount paid completely discharges the outstanding fine, the chief executive must release the person from imprisonment immediately, unless the person must otherwise be lawfully detained.

A person imprisoned under section 154D (Fine defaulters—imprisonment) discharges the person’s liability to pay the outstanding fine—

(a) at the rate of $100 for each day or part of a day for which the person is detained under the warrant; or

(b) if the person is committed for 6 months—at the end of the 6-month period.

registrar, keeper of a gaol and superintendent of a remand centre

registrar and person in charge of a correctional centre

A writ of execution is not void only because of a defect or error in it if there is a conviction or order that is valid, or that may be amended and made valid, under this Act to support it.

(e) an appeal from an order of the court under any of the following provisions of the Crimes (Sentencing) Act 2005:

(i) part 3.2 (Sentences of imprisonment);

(ii) part 3.3 (Non-custodial sentences);

(iii) part 3.4 (Non-association and place restriction orders);

(iv) part 3.5 (Deferred sentence orders);

(v) part 3.6 (Combination sentences);

(f) an appeal from an order of the court under the Crimes (Sentence Administration) Act 2005, part 6.6 (Good behaviour orders—amendment and discharge).

may, by warrant, commit the person to a remand centre

may order the person be remanded in custody

Note The court must issue a warrant for the remand of the defendant in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 17).

(2) In subsection (1) (f):

sentence or penalty includes a sentence or penalty imposed by an order of the Magistrates Court under—

(a) any of the following provisions of the Crimes (Sentencing) Act 2005:

(i) part 3.2 (Sentences of imprisonment);

(ii) part 3.3 (Non-custodial sentences);

(iii) part 3.4 (Non-association and place restriction orders);

(iv) part 3.5 (Deferred sentence orders);

(v) part 3.6 (Combination sentences); or

(b) the Crimes (Sentence Administration) Act 2005, part 6.6 (Good behaviour orders—amendment and discharge).

warrant of commitment

committal order

the warrant

the committal order

commitment

committal

(2) The Supreme Court must allow the committal order, and may allow the conviction or judgment, to be immediately amended as necessary in accordance with the facts.

committed to gaol

imprisoned or detained

or the Bail Act 1992

or under the Bail Act 1992, section 36 (1)

(b) order that the person be remanded in custody until the earlier of the following:

(i) the date to which the proceeding is adjourned;

(ii) the person agrees to comply with the relevant Code provisions.

committed the person

ordered the person’s remand

committed

remanded

• corrections officer

• custodial escort

• remand centre

• remand centre administrator