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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Sentencing Legislation Amendment and
Repeal Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Act amended 2
Part 2 -- Provisions about parole and other
early release orders and remission
Division 1 -- Sentencing Act 1995 amended
4. Section 4 amended 3
5. Section 85 amended 3
6. Section 88 amended 5
7. Section 89 replaced 5
8. Section 89A inserted 7
9. Section 92 repealed 7
10 . Section 93 replaced 8
11 . Section 94 replaced 8
12 . Section 95 replaced 11
page i
98--1
Sentencing Legislation Amendment and Repeal Bill 1999
Contents
Division 2 -- Sentence Administration Act 1995
repealed
13 . Act repealed 11
Division 3 -- Transitional and consequential
provisions
14 . Interpretation 11
15 . Sentencing courts to take into account this Part's
effect 12
16 . Application of Interpretation Act 1984, s 36 13
17 . Community orders imposed before commencement 13
18 . Sentences of imprisonment imposed before
commencement 14
19 . Early release orders made before commencement 15
20 . HDOs and WROs 15
21 . CEO's instructions for community corrections
centres 15
22 . Parole Board's report 16
23 . Transitional regulations 16
24 . Consequential amendments 17
Part 3 -- Amendments about reparation
25 . Section 112 amended 18
26 . Section 115 amended 18
27 . Section 119 amended 18
28 . Section 119A inserted 18
Part 4 -- Miscellaneous amendments
29 . Section 4 amended 20
30 . Section 34 amended 20
31 . Section 80 amended 21
32 . Section 105 amended 21
33 . Section 137 replaced 22
34 . Section 143A inserted 22
page ii
Sentencing Legislation Amendment and Repeal Bill 1999
Contents
Part 5 -- General
35 . Review 24
Schedule 1 -- Consequential amendments
Bail Act 1982 25
Constitution Acts Amendment Act 1899 25
Criminal Law (Mentally Impaired Defendants) Act 1996 26
Fines, Penalties and Infringement Notices Enforcement
Act 1994 26
Juries Act 1957 26
Parole Orders (Transfer) Act 1984 27
Prisoners (Release for Deportation) Act 1989 27
Prisons Act 1981 27
Sentencing Act 1995 28
Spent Convictions Act 1988 29
Young Offenders Act 1994 29
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Sentencing Legislation Amendment and
Repeal Bill 1999
A Bill for
An Act --
· to amend the Sentencing Act 1995 and Young Offenders Act 1994;
· to repeal the Sentence Administration Act 1995; and
for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Sentencing Legislation Amendment and Repeal Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Sentencing Legislation Amendment
and Repeal Act 1999.
5 2. Commencement
This Act comes into operation on such day as is, or days as are
respectively, fixed by proclamation.
3. Act amended
The amendments in this Act are to the Sentencing Act 1995*
10 unless otherwise indicated.
[* Act No. 76 of 1995.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 211-12, and Acts Nos. 23, 29
and 38 of 1998.]
page 2
Sentencing Legislation Amendment and Repeal Bill 1999
Provisions about parole and other early release orders and Part 2
remission
Sentencing Act 1995 amended Division 1
s. 4
Part 2 -- Provisions about parole and other early
release orders and remission
Division 1 -- Sentencing Act 1995 amended
4. Section 4 amended
5 (1) Section 4(1) is amended by deleting the definition of "parole
order".
(2) After section 4(2) the following subsection is inserted --
"
(3) Examples in this Act are provided to assist
10 understanding and do not form part of the Act.
".
5. Section 85 amended
(1) Section 85(1) is amended by deleting the definition of "early
release order".
15 (2) Section 85(1) is amended by inserting after the definition of
"parole eligibility order" the following definition --
"
"parole order" means an order, made under Part 3 of
the Sentence Administration Act 1998, that a
20 prisoner be released on parole;
".
(3) Section 85(1) is amended in the definition of "prescribed term"
by deleting paragraph (a).
page 3
Sentencing Legislation Amendment and Repeal Bill 1999
Part 2 Provisions about parole and other early release orders and
remission
Division 1 Sentencing Act 1995 amended
s. 5
(4) Section 85(2) is repealed and the following subsection is
inserted instead --
"
(2) For the purposes of this Part and Part 11 and of the
5 Sentence Administration Act 1998, the aggregate of 2
or more fixed terms is the total effective period of
imprisonment imposed on the offender having regard
to whether the fixed terms are to be served
concurrently or partly concurrently or cumulatively.
10 ".
(5) Section 85(3) is repealed and the following subsection is
inserted instead --
"
(3) For the purposes of this Part and of the Sentence
15 Administration Act 1998 to calculate the length in days
of one half of a fixed term --
(a) determine the dates on which the term as
imposed by the court will begin and end and
then express the term as a number of days
20 ("T"); and
(b) then divide T by 2 and disregard any remainder.
".
(6) Section 85(4) is repealed and the following subsection is
inserted instead --
25 "
(4) In this Part and in the Sentence Administration
Act 1998, a fixed term ends when the term as imposed
by the court ends, and it does not matter if the prisoner
is or may be released (under a parole order or
30 otherwise) before then.
".
page 4
Sentencing Legislation Amendment and Repeal Bill 1999
Provisions about parole and other early release orders and Part 2
remission
Sentencing Act 1995 amended Division 1
s. 6
6. Section 88 amended
(1) Section 88(3)(d) is deleted and the following paragraph is
inserted instead --
"
5 (d) the fixed term is to be served partly
concurrently with the other fixed term.
".
(2) Section 88(4) is repealed and the following subsection is
inserted instead --
10 "
(4) If under subsection (3)(d) a court orders that a term is
to be served partly concurrently with another fixed
term, the court must specify the period of the other
fixed term that is to be served before the partly
15 concurrent term is to begin; but that period must not
extend beyond the earliest date on which the offender
could be released (whether on parole or not) in relation
to the other fixed term.
".
20 (3) Section 88(6) is repealed.
7. Section 89 replaced
Section 89 is repealed and the following section is inserted
instead --
"
25 89. Offender may be made eligible for parole
(1) A court sentencing an offender to a fixed term may
order that the offender be eligible for parole in respect
of that term by making a parole eligibility order.
page 5
Sentencing Legislation Amendment and Repeal Bill 1999
Part 2 Provisions about parole and other early release orders and
remission
Division 1 Sentencing Act 1995 amended
s. 7
(2) A court may decide not to make a parole eligibility
order in respect of a fixed term imposed on an offender
if the court considers that the offender should not be
eligible for parole because of at least 2 of the following
5 4 factors:
(a) the offence is serious;
(b) the offender has a significant criminal record;
(c) the offender, when released from custody under
a release order made previously, did not
10 comply with the order;
(d) any other reason the court considers relevant.
(3) If a court decides that an offender is to be eligible for
parole in respect of 2 or more of the fixed terms it
imposes, it is to make a single parole eligibility order in
15 respect of those terms.
(4) The effect of a parole eligibility order made in respect
of 2 or more fixed terms is subject to section 94.
(5) A parole eligibility order must not be made in respect
of a prescribed term.
20 (6) In subsection (2) --
"release order" means an order made (in this State or
elsewhere in Australia) in respect of an offender
who is subject to a sentence of imprisonment that
releases the offender on conditions before the end
25 of the sentence, and includes a parole order, a
home detention order or a work release order made
under a written law prior to the commencement of
this section.
".
page 6
Sentencing Legislation Amendment and Repeal Bill 1999
Provisions about parole and other early release orders and Part 2
remission
Sentencing Act 1995 amended Division 1
s. 8
8. Section 89A inserted
After section 89 the following section is inserted --
"
89A. Programme assessment order for short fixed term
5 that is not parole term
(1) If a court sentences an offender to a fixed term, or to an
aggregate of fixed terms, of less than 24 months and
the court does not make a parole eligibility order in
respect of the term or terms, the court may make a
10 programme assessment order.
(2) A programme assessment order is an order that the
CEO --
(a) must assess the offender prior to being released
in respect of the term or terms; and
15 (b) must make a release programme order under
Part 4 of the Sentence Administration Act 1998
in respect of the offender unless the CEO
considers that such an order is not warranted
for the offender.
20 (3) A programme assessment order is in addition to and
not part of the sentence imposed on an offender.
".
9. Section 92 repealed
Section 92 is repealed.
page 7
Sentencing Legislation Amendment and Repeal Bill 1999
Part 2 Provisions about parole and other early release orders and
remission
Division 1 Sentencing Act 1995 amended
s. 10
10. Section 93 replaced
Section 93 is repealed and the following section is inserted
instead --
"
5 93. Release from parole term
(1) Subject to section 94, a prisoner serving a parole term
is eligible to be released on parole when he or she has
served one half of the term.
(2) Any order for the release on parole of a prisoner to
10 whom subsection (1) applies must be made in
accordance with Part 3 of the Sentence Administration
Act 1998.
(3) If a prisoner serving a parole term has not been
released on parole before he or she has served the
15 whole of the term, then the prisoner is discharged from
that sentence when he or she has served the whole of
the term and, subject to Division 2 of Part 2 of the
Sentence Administration Act 1998, must be released
then.
20 ".
11. Section 94 replaced
Section 94 is repealed and the following section is inserted
instead --
"
25 94. Aggregation of parole terms for certain purposes
(1) In the case of a prisoner serving 2 or more parole
terms --
(a) the time when he or she is eligible to be
released on parole; and
page 8
Sentencing Legislation Amendment and Repeal Bill 1999
Provisions about parole and other early release orders and Part 2
remission
Sentencing Act 1995 amended Division 1
s. 11
(b) the parole period for such a prisoner,
are to be calculated by reference to the aggregate of
those terms, but only if under subsection (3) or (4)
those terms are to be aggregated.
5 (2) If under this section the matters referred to in
subsection (1) are not to be calculated by reference to
the aggregate of 2 or more parole terms, the matters are
to be calculated in respect of each of the 2 or more
parole terms separately.
10 (3) A parole term imposed at the same time as another
parole term is to be aggregated with that other term for
the purposes of subsection (1) unless it is to be served
partly concurrently with that other term.
(4) A parole term imposed at a different time to another
15 parole term is to be aggregated with that other term for
the purposes of subsection (1) unless --
(a) it is to be served concurrently with that other
term or partly concurrently with it; or
(b) the other term was imposed before the
20 commencement of Part 2 of the Sentencing
Legislation Amendment and Repeal Act 1998.
(5) Subject to this section, a parole term, or an aggregate
of parole terms, may be aggregated with the aggregate
of 2 or more other parole terms, but a parole term, or
25 an aggregate of parole terms, imposed before the
commencement of Part 2 of the Sentencing Legislation
Amendment and Repeal Act 1998 is not to be
aggregated with a parole term, or aggregate of parole
terms, imposed after that commencement.
page 9
Sentencing Legislation Amendment and Repeal Bill 1999
Part 2 Provisions about parole and other early release orders and
remission
Division 1 Sentencing Act 1995 amended
s. 11
(6) For the purposes of applying this section a reference in
this Part or in the Sentence Administration Act 1998 to
a prisoner serving a parole term is, where necessary, to
be taken as including a reference to a prisoner serving
5 more than one parole term and in such a case, if under
this section the terms can be aggregated, the reference
to the term is to be taken as being a reference to the
aggregate of the terms.
Table showing some examples of the operation of this section and sections 88
and 93 and section 7 of the Sentence Administration Act 1998
Parole Parole Whether Effect
term 1 term 2 concurrent etc.
4 years 6 years Concurrent Aggregation of terms permitted for
parole calculations.
Aggregate = 6 yrs.
Non-parole period = 3 yrs
(Calculated on aggregate).
If not paroled, serve 6 yrs.
4 years 6 years Cumulative Aggregation of terms permitted for
parole calculations.
Aggregate = 10 yrs.
Non-parole period = 5 yrs
(Calculated on aggregate).
If not paroled, serve 10 yrs.
4 years 6 years Partly concurrent: Aggregation of terms not permitted for
1 year of term 1 to parole calculations.
be served before Serve 1 year of term 1.
term 2 begins. Then begin serving term 2 concurrently
(See s 88(4)) with rest of term 1.
Non-parole period on term 2 = 3 years.
Result: serve 4 years before eligible for
parole.
If not paroled, serve 7 yrs.
".
page 10
Sentencing Legislation Amendment and Repeal Bill 1999
Provisions about parole and other early release orders and Part 2
remission
Sentence Administration Act 1995 repealed Division 2
s. 12
12. Section 95 replaced
Section 95 is repealed and the following section is inserted
instead --
"
5 95. Release from fixed term that is not parole term
A prisoner serving a fixed term that is not a parole term
is discharged from that sentence at the end of the term
and, subject to Division 2 of Part 2 of the Sentence
Administration Act 1998, must be released then.
10 ".
Division 2 -- Sentence Administration Act 1995 repealed
13. Act repealed
The Sentence Administration Act 1995 is repealed.
Division 3 -- Transitional and consequential provisions
15 14. Interpretation
(1) In this Division --
"commencement" means the commencement of this Part;
"new provisions" means --
(a) the Sentencing Act 1995 as amended by the
20 sentencing amendments; and
(b) the Sentence Administration Act 1998;
"old provisions" means the Sentencing Act 1995, and the
repealed Act, as they would have applied had the
sentencing amendments not come into operation;
25 "repealed Act" means the Sentence Administration Act 1995;
"sentencing amendments" means the amendments and repeals
made by this Part.
page 11
Sentencing Legislation Amendment and Repeal Bill 1999
Part 2 Provisions about parole and other early release orders and
remission
Division 3 Transitional and consequential provisions
s. 15
(2) In this Division, words and expressions have the same
definitions as in the Sentencing Act 1995 and in particular, in
Part 13 of that Act.
15. Sentencing courts to take into account this Part's effect
5 (1) If a court sentencing an offender to imprisonment proposes to
impose a fixed term (with or without a parole eligibility order),
it must consider whether the sentence it proposes would, by
reason only of the new provisions, result in the offender
spending more time in custody than he or she would have spent
10 had the old provisions been in operation at the time of
sentencing.
(2) For the purposes of subsection (1) the court must assume --
(a) that the offender would have been released at the earliest
opportunity under the old provisions; and
15 (b) that the offender, if sentenced to the proposed sentence,
would be released at the earliest opportunity under the
new provisions.
(3) If the court considers that its proposed sentence would have the
result referred to in subsection (1) the court must adjust the
20 sentence so that the offender does not, by reason only of the
new provisions, spend more time in custody than he or she
would have spent had the old provisions been in operation at the
time of sentencing.
(4) A court does not have to apply this section if, in sentencing an
25 offender, the court follows the practice of the court as
established in accordance with the new provisions and this
section.
page 12
Sentencing Legislation Amendment and Repeal Bill 1999
Provisions about parole and other early release orders and Part 2
remission
Transitional and consequential provisions Division 3
s. 16
(5) This section does not apply if --
(a) the statutory penalty for the offence for which the
offender is being sentenced has been amended since the
new provisions commenced;
5 (b) the offence for which the offender is being sentenced is
an offence for which the court has to determine a
relevant sentence under section 101L of the Sentencing
Act 1995;
(c) a guideline judgment given under section 143 of the
10 Sentencing Act 1995 since the new provisions
commenced applies to the offender or the offence for
which the offender is being sentenced; or
(d) the application of this section would be inconsistent with
or contrary to any other judgment given since the new
15 provisions commenced that binds the sentencing court.
16. Application of Interpretation Act 1984, s 36
Section 36 of the Interpretation Act 1984 applies as if the
Sentence Administration Act 1995 had been repealed and
re-enacted by the Sentence Administration Act 1998.
20 17. Community orders imposed before commencement
If immediately before commencement --
(a) a community based order, or an intensive supervision
order, made under the Sentencing Act 1995 is in force;
or
25 (b) a WDO made under Part 4 of the Fines, Penalties and
Infringement Notices Enforcement Act 1994 is in force,
then on and after commencement --
(c) the Sentencing Administration Act 1998 applies to and in
respect of the order; and
page 13
Sentencing Legislation Amendment and Repeal Bill 1999
Part 2 Provisions about parole and other early release orders and
remission
Division 3 Transitional and consequential provisions
s. 18
(d) the reference in the order to section 76 of the Sentence
Administration Act 1995 is to be taken to be a reference
to section 60 of the Sentence Administration Act 1998.
18. Sentences of imprisonment imposed before commencement
5 (1) If immediately before commencement a person is subject to a
fixed term that is not a parole term and to which the old
provisions apply, then on and after commencement the old
provisions continue to apply to that term and to the release of
the person in respect of that term.
10 (2) If immediately before commencement a person is subject to a
parole term to which the old provisions apply, then on and after
commencement --
(a) the old provisions apply for the purpose of
calculating --
15 (i) when the person is eligible to be released on
parole;
(ii) the parole period for the person; and
(iii) when the person is discharged from the sentence
and must be released;
20 (b) the new provisions apply for the purpose of determining
whether the person is to be released on parole;
(c) if the person is to be released on parole, the release is to
be by means of a parole order (supervised) made under
Part 3 of the Sentence Administration Act 1998 and for
25 that purpose --
(i) the parole period in the order is to be the parole
period calculated under the old provisions; and
(ii) the supervised period for the order is to be the
same as the parole period;
30 and
page 14
Sentencing Legislation Amendment and Repeal Bill 1999
Provisions about parole and other early release orders and Part 2
remission
Transitional and consequential provisions Division 3
s. 19
(d) if the person is released on parole, the Sentence
Administration Act 1998 applies to and in respect of the
person and the order except to the extent that
paragraph (a) provides otherwise.
5 (3) If immediately before commencement a person is in custody
serving a life term to which the old provisions apply, then on
and after commencement the new provisions apply to that term.
(4) If immediately before commencement a person is in custody
serving indefinite imprisonment, then on and after commencement
10 the new provisions apply in respect of that person.
(5) If immediately before commencement a person is detained in
strict or safe custody during the Governor's pleasure under an
order made under section 282 of The Criminal Code, then on
and after commencement the new provisions apply in respect of
15 that person.
19. Early release orders made before commencement
If immediately before commencement a person is subject to a
parole order, a home detention order, or a work release order,
made under the repealed Act, then on and after commencement the
20 repealed Act continues to apply to and in respect of that order.
20. HDOs and WROs
If immediately before commencement a person is subject to a
sentence of imprisonment to which the old provisions apply,
then nothing in sections 16 to 19 prevents the release on or after
25 commencement of the person in respect of that sentence under
Part 4 or 5 of the Sentence Administration Act 1995.
21. CEO's instructions for community corrections centres
(1) If rules made under section 86 of the repealed Act are in force
immediately before commencement, then on and after
page 15
Sentencing Legislation Amendment and Repeal Bill 1999
Part 2 Provisions about parole and other early release orders and
remission
Division 3 Transitional and consequential provisions
s. 22
commencement the rules are to be taken to be written
instructions issued under section 70 of the Sentence
Administration Act 1998 until written instructions are issued
under that section.
5 (2) When written instructions are issued under section 70 of the
Sentence Administration Act 1998 a reference in the repealed
Act to rules made under section 86 of the repealed Act is to be
taken to be a reference to those written instructions.
22. Parole Board's report
10 The Board's annual report made under section 96 of the
Sentence Administration Act 1998 must report on the operation
of the repealed Act to the extent that it continues to operate by
virtue of this Division and the Interpretation Act 1984.
23. Transitional regulations
15 (1) If there is no sufficient provision in this Division or in the old
provisions or in the new provisions to provide for matters in
relation to --
(a) the application of the old provisions to a sentence of
imprisonment imposed before commencement;
20 (b) the effect after commencement of a sentence of
imprisonment imposed before commencement;
(c) the imposition after commencement of sentences of
imprisonment on offenders who are subject to sentences
of imprisonment imposed before commencement;
25 (d) the combined effect of a sentence of imprisonment
imposed before commencement and of a sentence of
imprisonment imposed after commencement;
page 16
Sentencing Legislation Amendment and Repeal Bill 1999
Provisions about parole and other early release orders and Part 2
remission
Transitional and consequential provisions Division 3
s. 24
(e) the application of the Sentence Administration Act 1995
or the Sentence Administration Act 1998 to orders made
under the old provisions or under the Fines, Penalties
and Infringement Notices Enforcement Act 1994,
5 the Governor may make regulations prescribing all matters that
are required, necessary or convenient to be prescribed in
relation to those matters.
(2) Regulations made under subsection (1) may provide that
specific provisions of this Part, or of the old provisions, or of
10 the new provisions --
(a) do not apply; or
(b) apply with specific modifications,
to or in relation to any matter.
(3) Regulations made under subsection (1) --
15 (a) must be made within 12 months after commencement;
and
(b) may be made so as to have effect on a day that is earlier
than the day on which they are published in the Gazette
but not earlier than commencement.
20 24. Consequential amendments
Each Act referred to in Schedule 1 is amended as set out in that
Schedule immediately below the short title of that Act.
page 17
Sentencing Legislation Amendment and Repeal Bill 1999
Part 3 Amendments about reparation
s. 25
Part 3 -- Amendments about reparation
25. Section 112 amended
Section 112(3) and (4) are repealed.
26. Section 115 amended
5 (1) Section 115(2) is amended by inserting after "body or person"
the following --
" , other than a person referred to in subsection (2a), ".
(2) After section 115(2) the following subsection is inserted --
"
10 (2a) A person assessing compensation under the Criminal
Injuries Compensation Act 1985 for the injury resulting
from an offence is to make the assessment without
regard to the compensation set under a compensation
order made in respect of the offence.
15 ".
27. Section 119 amended
Section 119(2) is repealed.
28. Section 119A inserted
After section 119 the following section is inserted --
20 "
119A. Sentencing court may order imprisonment until
compensation is paid
(1) This section applies if a court that makes a
compensation order is of the opinion that the offender
25 concerned has, or ought to have, the means to pay the
compensation.
page 18
Sentencing Legislation Amendment and Repeal Bill 1999
Amendments about reparation Part 3
s. 28
(2) If this section applies the court may in addition to
making the compensation order, order that if the
offender does not pay the compensation before a date
set by the court the offender is to be imprisoned until
5 the compensation is paid, but in any event for not
longer than the period determined under subsection (3)
or a shorter period set by the court.
(3) Unless the court sets a shorter period, the period of
imprisonment (in days) is the period determined by
10 dividing the amount of compensation by $50 (or such
greater amount as is prescribed) and rounding the result
up to the nearest whole number of days.
(4) Service of the period of imprisonment does not
discharge the offender's liability to pay the
15 compensation.
(5) Any period of imprisonment that an offender has to
serve as a result of an order made under subsection (2)
is to be served cumulatively on any term of
imprisonment that the offender is serving or has to
20 serve unless the court orders otherwise.
(6) This section does not limit the operation of section 119.
".
page 19
Sentencing Legislation Amendment and Repeal Bill 1999
Part 4 Miscellaneous amendments
s. 29
Part 4 -- Miscellaneous amendments
29. Section 4 amended
Section 4(1) is amended by inserting in the appropriate
alphabetical position the following definition --
5 "
"spent conviction order" has the meaning given by
section 45(2);
".
30. Section 34 amended
10 (1) Section 34 is amended by inserting before the first word the
subsection designation "(1)".
(2) Section 34 is amended by inserting the following subsections --
"
(2) If a court sentencing an offender imposes a fixed term
15 (as defined in section 85), the court is to state in open
court the minimum period that the offender, as a result
of the sentence and the operation of this Act, will serve
in custody in respect of the term or, if more than one
term is imposed, in respect of the aggregate of the
20 terms.
(3) In complying with subsection (2) a court need not take
account of any other sentence of imprisonment
imposed previously on the offender which the offender
is serving or has yet to serve.
25 ".
page 20
Sentencing Legislation Amendment and Repeal Bill 1999
Miscellaneous amendments Part 4
s. 31
31. Section 80 amended
Section 80(5) and (6) are repealed and the following subsection
is inserted instead --
"
5 (5) If under subsection (1)(a) or (b) a court orders a person
to serve a term, or part of a term, of imprisonment that
was suspended --
(a) section 88 applies in respect of the term to be
served; and
10 (b) the court may make a parole eligibility order
under section 89,
as if the term to be served were a term of imprisonment
being imposed by the court.
".
15 32. Section 105 amended
Section 105(5) is amended in the definition of "motor vehicle
offence" as follows:
(a) by inserting after paragraph (c) the following
paragraph --
20 "
(ca) an offence where --
(i) a motor vehicle is used in the
commission of the offence;
(ii) the commission of the offence is aided
25 or facilitated by the use of a motor
vehicle;
";
(b) by deleting paragraph (d)(i) and (d)(ii).
page 21
Sentencing Legislation Amendment and Repeal Bill 1999
Part 4 Miscellaneous amendments
s. 33
33. Section 137 replaced
Section 137 is repealed and the following section is inserted
instead --
"
5 137. Royal Prerogative of Mercy not affected
Neither this Act nor the Sentence Administration
Act 1998 affects the Royal Prerogative of Mercy or
limits any exercise of it.
".
10 34. Section 143A inserted
After section 143 the following section is inserted --
"
143A. Sentencing guidelines for courts of summary
jurisdiction
15 (1) For the purpose of reducing any disparity in sentences
imposed by courts of summary jurisdiction, the chief
stipendiary magistrate may from time to time publish
guidelines for the sentencing of offenders in such
courts.
20 (2) The guidelines are not binding on courts of summary
jurisdiction.
(3) Without limiting the matters that may be included in
the guidelines, they may include --
(a) guidance about --
25 (i) assessing the seriousness of offences;
(ii) the sentencing process;
(iii) when it is appropriate to impose
particular sentencing options;
page 22
Sentencing Legislation Amendment and Repeal Bill 1999
Miscellaneous amendments Part 4
s. 34
(b) suggestions as to the appropriate sentence to be
imposed for a particular offence or class of
offence.
".
page 23
Sentencing Legislation Amendment and Repeal Bill 1999
Part 5 General
s. 35
Part 5 -- General
35. Review
(1) The Minister administering the Sentencing Act 1995 is to carry
out a review of the operation and effectiveness of --
5 (a) the Sentencing Act 1995 to the extent that it is affected
by the amendments made to it by this Act; and
(b) Parts 3 and 4 of the Sentence Administration Act 1998,
as soon as practicable after the expiration of 4 years from the
day on which this Act receives the Royal Assent.
10 (2) The Minister is to prepare a report based on the review and
cause it to be laid before each House of Parliament within 5
years after the day on which this Act receives the Royal Assent.
page 24
Sentencing Legislation Amendment and Repeal Bill 1999
Consequential amendments Schedule 1
Schedule 1 -- Consequential amendments
[s. 24]
Bail Act 1982
s. 3(1) In the definitions of "CEO (Justice)" and "community corrections
officer" delete "Sentence Administration Act 1995" and insert
instead --
Sentence Administration Act 1998
s. 3(1) Delete the definition of "early release order" and insert instead --
"early release order" means --
(a) a parole order, home detention order or work release order
made under the Sentence Administration Act 1995; or
(b) a parole order made under the Sentence Administration
Act 1998;
s. 50K Delete "section 117 of the Sentence Administration Act 1995" and
insert instead --
section 101 of the Sentence Administration Act 1998
Constitution Acts Amendment Act 1899
Schedule V, In the item dealing with the Parole Board delete "Sentence
Part 3 Administration Act 1995" and insert instead --
Sentence Administration Act 1998
page 25
Sentencing Legislation Amendment and Repeal Bill 1999
Schedule 1 Consequential amendments
Criminal Law (Mentally Impaired Defendants) Act 1996
s. 42(1)(a) Delete "section 103(1)(a) of the Sentence Administration
Act 1995" and insert instead --
section 87(1)(a) of the Sentence Administration Act 1998
s. 42(1)(b) Delete "section 103(1)(b) of the Sentence Administration
Act 1995" and insert instead --
section 87(1)(b) of the Sentence Administration Act 1998
s. 42(6) Delete "Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
s. 43 Delete "section 104 of the Sentence Administration Act 1995" and
insert instead --
section 88 of the Sentence Administration Act 1998
Fines, Penalties and Infringement Notices Enforcement Act 1994
s. 28(1) In the definitions of "community corrections activities",
"community corrections centre" and "community corrections
officer" delete "Sentence Administration Act 1995" and insert
instead --
Sentence Administration Act 1998
s. 49(a) Delete the paragraph and "and" after it and insert instead --
(a) section 60 of the Sentence Administration Act 1998; and
s. 50(3)(c) Delete "Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
Juries Act 1957
Second In clause 2(m) delete "Sentence Administration Act 1995" and
Schedule, insert instead --
Part I
Sentence Administration Act 1998
page 26
Sentencing Legislation Amendment and Repeal Bill 1999
Consequential amendments Schedule 1
Parole Orders (Transfer) Act 1984
s. 3 In the definitions of "Parole Board" and "parole order" delete
"Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
s. 9(8)(a) Delete "section 37 of the Sentence Administration Act 1995" and
insert instead --
section 42 of the Sentence Administration Act 1998
s. 9(8)(b) Delete "section 70 of the Sentence Administration Act 1995" and
insert instead --
section 45 of the Sentence Administration Act 1998
Prisoners (Release for Deportation) Act 1989
s. 3(1) In the definition of "the Parole Board" delete "Sentence
Administration Act 1995" and insert instead --
Sentence Administration Act 1998
s. 4(2) Delete "Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
s. 4(6) Delete "section 21 of the Sentence Administration Act 1995, " and
insert instead --
sections 20 and 22 of the Sentence Administration Act 1998,
Prisons Act 1981
s. 77(1) Delete paragraph (c).
s. 78(1) Delete paragraph (d).
s. 92(6)(b) Delete "Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
page 27
Sentencing Legislation Amendment and Repeal Bill 1999
Schedule 1 Consequential amendments
Sentencing Act 1995
s. 4(1) In the definitions of "community corrections centre" and
"community corrections officer" delete "Sentence Administration
Act 1995" and insert instead --
Sentence Administration Act 1998
s. 23(3) Repeal the subsection.
s. 63(d) Delete "section 76 of the Sentence Administration Act 1995" and
insert instead --
section 60 of the Sentence Administration Act 1998
s. 67(2)(c) Delete "Part 7 of the Sentence Administration Act 1995" and insert
instead --
Part 5 of the Sentence Administration Act 1998
s. 70(d) Delete "section 76 of the Sentence Administration Act 1995" and
insert instead --
section 60 of the Sentence Administration Act 1998
s. 74(2)(c) Delete "Part 7 of the Sentence Administration Act 1995" and insert
instead --
Part 5 of the Sentence Administration Act 1998
s. 96(4) Delete "Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
Part 13 Repeal Division 4.
s. 101 Delete "Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
s. 141 Delete "Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
page 28
Sentencing Legislation Amendment and Repeal Bill 1999
Consequential amendments Schedule 1
Spent Convictions Act 1988
s. 30(a) Delete the paragraph and "or" after it and insert instead --
(a) section 45 of the Sentence Administration Act 1998;
(ab) section 70 of the Sentence Administration Act 1995; or
Schedule 3 In the Table, in item 1, delete "Sentence Administration Act 1995"
clause 1 and insert instead --
Sentence Administration Act 1998
Young Offenders Act 1994
s. 50A(6) Delete "Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
s. 50B(2) Delete "Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
s. 118(5) Delete "Sentence Administration Act 1995" and insert instead --
Sentence Administration Act 1998
page 29
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