SENTENCING ACT 1989 - SCHEDULE 2A

This legislation has been repealed.

SENTENCING ACT 1989 - SCHEDULE 2A

SCHEDULE 2A – Savings and transitional provisions relating to amending Acts

(Section 57)

Part 1 - General

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of any of the following Acts:

Sentencing Amendment (Parole) Act 1996

Sentencing Legislation Further Amendment Act 1997

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of any thing done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on Sentencing Amendment (Parole) Act 1996

2 Definition

In this Part:

"amending Act" means the Sentencing Amendment (Parole) Act 1996 .

3 General application of amendments to existing prisoners and parole orders

(1) An amendment made to this Act or the Prisons Act 1952 by the amending Act that applies in relation to prisoners, parole orders or any other acts, matters or things extends to:

(a) persons who were prisoners immediately before the commencement of the amendment (including prisoners released on parole at that commencement), and

(b) parole orders made before that commencement, and

(c) acts, matters or things done or omitted to be done before that commencement or existing at or before that commencement,

as appropriate according to the relevant provisions.

(2) Anything done or omitted under sections 18- 22 of this Act before the commencement of Subdivision 3 of Division 2 of Part 3 of this Act in relation to serious offenders is taken to have been done or omitted under the relevant provision of that Subdivision.

(3) However, if any steps have been commenced under sections 18- 22 of this Act before the commencement of Subdivision 3 of Division 2 of Part 3 of this Act in relation to a serious offender and the procedures under that Part in relation to those steps have not been completed at that commencement, those procedures are to be completed as if that Part had not been amended by the amending Act. This subclause has effect subject to any directions of the Board.

4 Consideration by Board

Without affecting the generality of clause 3, sections 18 (3) and 22C (3) of this Act as amended by the amending Act extend to persons who are at large at the commencement of those provisions.

5 Parole orders already made

Without affecting the generality of clause 3, a parole order in force at the commencement of Subdivision 3 of Division 2 of Part 3 of this Act in relation to a serious offender is taken to have been granted under that Subdivision.

6 Offenders Review Board

(1) On and from the commencement of the amendment of section 44 by the amending Act:

(a) the body constituted with the name of Offenders Review Board continues in existence under the name of Parole Board, so that its identity is not affected, and

(b) a reference in any other Act, in any instrument under an Act, or in any other document of any kind, to that body under its former name is to be read as or as including a reference to that body under its new name.

(2) The amendment does not affect the tenure of office of any member of that body.

(3) This clause overrides clause 9 of Schedule 2.

Part 3 - Provisions consequent on Sentencing Legislation Further Amendment Act 1997

7 Definition

In this Part:

"amending Act" means the Sentencing Legislation Further Amendment Act 1997 .

8 Time limit on re-applications regarding existing life sentences

(1) The amendments made by the amending Act to section 13A apply in relation to an application made by any person under that section before the date on which the Bill for the amending Act was introduced into Parliament (as well as in relation to applications made on or after that date), unless the application had been fully dealt with (or had been fully heard, with judgment reserved) before the date on which the Bill for the Sentencing Amendment (Transitional) Act 1997 was introduced into Parliament.

(2) The amendment made to section 13A (8B) by the amending Act does not apply to a person to whom a period of 2 years referred to in that subsection is applicable immediately before the commencement of that amendment. However, it does apply to such a person in respect of any decision of the Supreme Court made after that commencement to decline to determine a minimum term and an additional term.

(3) The amendment made to section 13A (12) (c) by the amending Act does not apply to a person in respect of whom a direction that the person not re-apply for a period exceeding 2 years but not exceeding 3 years was in force immediately before the commencement of that amendment. However, it does apply to such a person in respect of a direction given in relation to the person after that commencement.

(4) Section 22P applies in relation to the exercise by the Parole Board of any functions under Part 3 with respect to a matter it commenced to deal with before the date on which the Bill for the amending Act was introduced into Parliament (as well as in relation to matters it commenced or commences to deal with on or after that date), unless it had completed the exercise of those functions with respect to that matter before the date on which the Bill for the Sentencing Amendment (Transitional) Act 1997 was introduced into Parliament.

(5) Section 62AA of the Correctional Centres Act 1952 applies in relation to the exercise by the Serious Offenders Review Council of any functions mentioned in or prescribed under that section with respect to a matter it commenced to deal with before the date on which the Bill for the amending Act was introduced into Parliament (as well as in relation to matters it commenced or commences to deal with on or after that date), unless it had completed the exercise of those functions with respect to that matter before the date on which the Bill for the Sentencing Amendment (Transitional) Act 1997 was introduced into Parliament.

Note:

1 The Bill for the amending Act was introduced into Parliament on 8.5.1997.

2 The Bill for the Sentencing Amendment (Transitional) Act 1997 was introduced into Parliament on 13.5.1997.