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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Sentencing Procedure)
Amendment (Existing Life Sentences)
Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Sentencing Procedure) Act 1999
No 92 2
4 Amendment of Crimes (Administration of Sentences) Act
1999 No 93 2
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 3
Schedule 2 Amendment of Crimes (Administration of Sentences)
Act 1999 4
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Crimes (Sentencing Procedure)
Amendment (Existing Life Sentences)
Bill 2005
Act No , 2005
An Act to amend the Crimes (Sentencing Procedure) Act 1999 with respect to
existing life sentences the subject of non-release recommendations; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Crimes (Sentencing Procedure) Amendment (Existing Life Sentences)
Clause 1 Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes (Sentencing Procedure) Amendment (Existing
Life Sentences) Act 2005.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
The Crimes (Sentencing Procedure) Act 1999 is amended as set out in
Schedule 1.
4 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
The Crimes (Administration of Sentences) Act 1999 is amended as set
out in Schedule 2.
Page 2
Crimes (Sentencing Procedure) Amendment (Existing Life Sentences)
Bill 2005
Amendment of Crimes (Sentencing Procedure) Act 1999 Schedule 1
Schedule 1 Amendment of Crimes (Sentencing
Procedure) Act 1999
(Section 3)
[1] Schedule 1 Existing life sentences
Insert ", and includes any such recommendation, observation or expression of
opinion that (before, on or after the date of assent to the Crimes (Sentencing
Procedure) Amendment (Existing Life Sentences) Act 2005) has been quashed,
set aside or called into question" after "imprisonment" in the definition of
non-release recommendation in clause 1.
[2] Schedule 1, clause 5
Insert "or (3)" after "4 (1)" in clause 5 (1).
[3] Schedule 2 Savings, transitional and other provisions
Omit clause 21 (2). Insert instead:
(2) In particular, any such application that had been made before 8
May 1997 under section 13A of the 1989 Act but had not been
determined as at the date of assent to the Crimes (Sentencing
Procedure) Amendment (Existing Life Sentences) Act 2005,
being an application made by an offender who is the subject of a
non-release recommendation:
(a) is not to be determined until the offender has served at least
30 years of the existing life sentence to which the
application relates, and
(b) is to be disposed of in accordance with clause 4 (3) of
Schedule 1 to this Act, and not otherwise.
[4] Schedule 2, clause 39
Omit the clause.
Page 3
Crimes (Sentencing Procedure) Amendment (Existing Life Sentences)
Bill 2005
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999
Schedule 2 Amendment of Crimes (Administration
of Sentences) Act 1999
(Section 4)
[1] Section 154A Serious offenders the subject of non-release
recommendations
Insert ", as in force from time to time" after "Schedule" in section 154A
(4) (b).
[2] Schedule 5 Savings, transitional and other provisions
Insert ", as in force from time to time" after "Schedule" in clause 62 (b).
Page 4
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