CORRECTIONS ACT 1986 - SECT 122 Transitional provisions—Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013

CORRECTIONS ACT 1986 - SECT 122

    (1)     In this section—

"commencement day" means the day on which section 3 of the Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013 comes into operation.

    (2)     In this section words and expressions have the same meanings as they have in section 77 as in force on and after the commencement day.

    (3)     In section 77(2) and (3) as in force on and after the commencement day, a reference to a charge includes a reference to a charge that was made before the commencement day but had not been dealt with by a court before that day and was still pending on that day.

    (4)     Section 77(4), (5) and (6) as in force on and after the commencement day do not apply in relation to a prisoner if the conviction occurred before the commencement day.

    (5)     Section 77 as in force on and after the commencement day applies as if it included the following provisions—

    "(6A)     The Board must consider whether to cancel the parole or to vary the terms and conditions of the parole of a prisoner who—

        (a)     is released on parole in respect of a sexual offence or a serious violent offence; and

        (b)     was convicted before the commencement day of a sexual offence or a violent offence that was committed during the parole period.

    (6B)     The Board must determine under subsection (6A) to cancel the parole of the prisoner unless the Board is satisfied that circumstances exist that justify the continuation of the parole.".

S. 123 inserted by No. 46/2013 s. 4.