SENTENCING ACT 1991 - SECT 143 Transitional provision—Sentencing Amendment Act 2010
SENTENCING ACT 1991 - SECT 143
Transitional provision—Sentencing Amendment Act 2010(1) In this section—
2010 Act means the Sentencing Amendment Act 2010 ;
S. 143(1) def. of
old combined custody and treatment order repealed by No. 65/2011
s. 53(1)(a).
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S. 143(1) def. of
old intensive correction order repealed by No. 65/2011
s. 53(1)(b).
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S. 143(1) def. of old serious suspended sentence order amended by No. 43/2012 s. 3(Sch. item 46.2).
"old serious suspended sentence order" means an order made under Subdivision 3 of Division 2 of Part 3 as in force before the commencement of section 12 of the 2010 Act as to the suspending of a sentence of imprisonment on an offender for a serious offence, being such an order in force immediately before that commencement;
"old significant suspended sentence order "means an order made under Subdivision 3 of Division 2 of Part 3 as in force before the commencement of section 12 of the 2010 Act as to the suspending of a sentence of imprisonment on an offender for a significant offence, being such an order in force immediately before that commencement.
Heading preceding s. 143(2) repealed by No. 65/2011 s. 53(2).
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S. 143(2) repealed by No. 65/2011 s. 53(3).
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Heading preceding s. 143(3) repealed by No. 65/2011 s. 53(4).
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S. 143(3) repealed by No. 65/2011 s. 53(5).
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Heading preceding s. 143(4) repealed by No. 65/2011 s. 53(6).
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S. 143(4) repealed by No. 65/2011 s. 53(7).
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Suspended sentences
(5) Despite the commencement of section 12 of the 2010 Act, an old serious suspended sentence order is taken to continue in force on and from that commencement as if this Act, as in force before that commencement, continued to apply to it.
(6) The amendment of this Act made by section 12 of the 2010 Act, does not apply where a finding of guilt is made in relation to a serious offence committed before the commencement of that section, irrespective of whether the finding of guilt is made, before, on or after that commencement.
(7) For the purposes of subsection (6), if a serious offence is alleged to have been committed between two dates, one before and one after the commencement of section 12 of the 2010 Act, the offence is taken to be alleged to have been committed before that commencement.
(8) Despite the commencement of section 12 of the 2010 Act, an old significant suspended sentence order is taken to continue in force on and from that commencement as if this Act as in force before that commencement continued to apply to it.
(9) The amendment of this Act made by section 12 of the 2010 Act, does not apply where a finding of guilt is made in relation to a significant offence committed before the commencement of that section, irrespective of whether the finding of guilt is made before, on or after that commencement.
(10) For the purposes of subsection (9), if a significant offence is alleged to have been committed between two dates, one before and one after the commencement of section 12 of the 2010 Act, the offence is taken to be alleged to have been committed before that commencement.
S. 144 inserted by No. 9/2011 s. 7.