New South Wales Bills Explanatory Notes

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SENTENCING AMENDMENT (TRANSITIONAL) BILL 1997

[Act 1997 No 8]
New South Wales
Sentencing Amendment (Transitional)

Bill 1997

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to vary the scope of amendments made to the
Sentencing Act 1989 and the Correctional Centres Act 1952 by the
Sentencing Legislation Further Amendment Act 1997, by providing that those
amendments have effect in relation to certain proceedings and processes that
were pending at the date on which the Bill for the lastmentioned Act was
introduced into Parliament, as well as to proceedings and processes
commencing on or after that date.

Sentencing Amendment (Transitional) Bill 1997 [Act 1997 No 8]
Explanatory note

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of
assent.

Clause 3 is a formal provision giving effect to the amendments to the
Sentencing Act 1989 set out in Schedule 1.

Schedule 1

Amendments

Schedule 1 [1] repeals and re-enacts clause 8 (1) of Schedule 2A to the
Sentencing Act 1989. Under the clause as re-enacted, the effect of the
amendments made to section 13A of that Act by the Sentencing Legislation
Further Amendment Act 1997 extends to an application made before the date
on which the Bill for that Act was introduced into Parliament, unless the
application had been fully dealt with (or fully heard, with judgment reserved)
before the date of introduction of this Bill.

Schedule 1 [2] repeals clause 8 (4) of Schedule 2A to the Sentencing Act
1989 and inserts a new clause 8 (4) and (5), the effect of which is that:

section 22P of that Act (inserted by the Sentencing Legislation Further
Amendment Act 1997) extends to apply in relation to the exercise of
functions by the Parole Board with respect to a matter that the Board
had commenced to deal with before the date on which the Bill for that
Act was introduced into Parliament, unless the Board had completed
the exercise of those functions with respect to the matter before the
date of introduction of this Bill, and
section 62AA of the Correctional Centres Act 1952 (inserted by the
Sentencing Legislation Further Amendment Act 1997) extends to apply
in relation to the exercise of functions by the Serious Offenders
Review Council with respect to a matter that the Review Council had
commenced to deal with before the date on which the Bill for that Act
was introduced into Parliament, unless the Review Council had
completed the exercise of those functions with respect to the matter
before the date of introduction of this Bill.

Explanatory note page 2

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