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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 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Sentencing Act 1995 amended
Division 1 -- Preliminary
3. The Act amended by this Part 3
Division 2 -- Amendments about deferring
sentencing
4. Section 4 amended 3
5. Section 20 amended 4
6. Part 3A inserted 4
7. Section 66 amended 21
8. Section 73 amended 21
Division 3 -- Amendments about sentencing
options
9. Section 9 amended 21
10. Section 41 amended 21
11. Section 42 amended 22
12. Section 43 amended 22
13. Section 44 amended 23
Division 4 -- Amendments about imprisonment
14. Section 4 amended 23
15. Section 76 amended 24
16. Section 85 amended 24
17. Section 88 amended 25
page i
133--3C
Sentencing Legislation Amendment and Repeal Bill 2002
Contents
18. Section 89 replaced 26
19. Section 92 repealed 27
20. Sections 93 to 95 replaced 28
21. Section 100 amended 30
22. Transitional provisions 31
Division 5 -- General amendments
23. Section 4 amended 31
24. Section 34 amended 31
25. Section 75 amended 32
26. Section 137 replaced 35
Part 3 -- Road Traffic Act 1974
amended
27. The Act amended by this Part 36
28. Section 106 replaced by sections 106 and 106A 36
Part 4 -- Repeal of sentencing
legislation
29. Sentence Administration Act 1995 repealed and
consequential amendments 39
30. Sentence Administration Act 1999 repealed 39
31. Sentencing Legislation Amendment and Repeal
Act 1999 repealed 39
32. Sentencing Amendment Act 2000 repealed 39
Part 5 -- Amendments about short
sentences
33. Sentencing Act 1995 amended 40
34. Aboriginal Affairs Planning Authority Act 1972
amended 40
35. Aboriginal Heritage Act 1972 amended 41
36. Aerial Spraying Control Act 1966 amended 42
37. Bail Act 1982 amended 43
38. Biological Control Act 1986 amended 43
39. Botanic Gardens and Parks Authority Act 1998
amended 44
40. Boxing Control Act 1987 amended 44
41. Business Names Act 1962 amended 44
42. Cattle Industry Compensation Act 1965 amended 45
page ii
Sentencing Legislation Amendment and Repeal Bill 2002
Contents
43. Cemeteries Act 1986 amended 45
44. Child Welfare Act 1947 amended 45
45. Community Services Act 1972 amended 46
46. Companies (Co-operative) Act 1943 amended 46
47. Conservation and Land Management Act 1984
amended 46
48. Conspiracy and Protection of Property Act 1900
amended 47
49. Co-operative and Provident Societies Act 1903
amended 47
50. Credit (Administration) Act 1984 amended 47
51. The Criminal Code amended 48
52. Criminal Investigation (Extra-Territorial Offences)
Act 1987 amended 50
53. Curriculum Council Act 1997 amended 51
54. Dangerous Goods (Transport) Act 1998 amended 51
55. Debt Collectors Licensing Act 1964 amended 51
56. Electoral Act 1907 amended 52
57. Electricity Corporation Act 1994 amended 53
58. Energy Operators (Powers) Act 1979 amended 53
59. Explosives and Dangerous Goods Act 1961 amended 54
60. Family Court Act 1997 amended 54
61. Fire Brigades Act 1942 amended 54
62. Firearms Act 1973 amended 55
63. Fish Resources Management Act 1994 amended 55
64. Freedom of Information Act 1992 amended 57
65. Fuel, Energy and Power Resources Act 1972 amended 57
66. Gaming Commission Act 1987 amended 58
67. Gender Reassignment Act 2000 amended 58
68. Government Railways Act 1904 amended 59
69. Growers Charge Act 1940 amended 59
70. Guardianship and Administration Act 1990 amended 59
71. Health Act 1911 amended 60
72. Housing Societies Act 1976 amended 61
73. Juries Act 1957 amended 61
74. Justices Act 1902 amended 61
75. Land Drainage Act 1925 amended 62
76. Local Courts Act 1904 amended 62
77. Local Government (Miscellaneous Provisions)
Act 1960 amended 62
78. Maritime Archaeology Act 1973 amended 63
page iii
Sentencing Legislation Amendment and Repeal Bill 2002
Contents
79. Medical Act 1894 amended 63
80. Mental Health Act 1996 amended 64
81. Nuclear Activities Regulation Act 1978 amended 64
82. Optometrists Act 1940 amended 64
83. Plant Diseases Act 1914 amended 65
84. Poisons Act 1964 amended 65
85. Police Act 1892 amended 65
86. Prisons Act 1981 amended 69
87. Prostitution Act 2000 amended 69
88. Real Estate and Business Agents Act 1978 amended 69
89. Referendums Act 1983 amended 70
90. Restraining Orders Act 1997 amended 70
91. Rights in Water and Irrigation Act 1914 amended 71
92. Road Traffic Act 1974 amended 71
93. Rottnest Island Authority Act 1987 amended 71
94. School Education Act 1999 amended 72
95. Stock Diseases (Regulations) Act 1968 amended 72
96. Street Collections (Regulation) Act 1940 amended 72
97. Sunday Entertainments Act 1979 amended 73
98. Swan River Trust Act 1988 amended 73
99. Transport Co-ordination Act 1966 amended 73
100. Travel Agents Act 1985 amended 74
101. Unclaimed Money Act 1990 amended 74
102. Water and Rivers Commission Act 1995 amended 74
103. Water Corporation Act 1995 amended 75
104. Young Offenders Act 1994 amended 75
105. Zoological Parks Authority Act 2001 amended 75
106. Power to amend subsidiary legislation 76
Part 6 -- Review
107. Review 77
Schedule 1 -- Transitional provisions 78
1. Interpretation 78
2. Sentencing courts to take into account the effect of the
sentencing amendments 78
3. Application of Interpretation Act 1984 s. 36 79
4. Community orders imposed before commencement 79
5. Sentences of imprisonment imposed before
commencement 80
page iv
Sentencing Legislation Amendment and Repeal Bill 2002
Contents
6. Early release orders made before commencement 81
7. WROs 81
8. HDOs 81
9. Warrants in force at commencement 82
10. Community corrections centres 82
11. CEO's instructions for community corrections centres 82
12. Parole Board's report 82
13. Offenders serving imprisonment imposed before
4 November 1996 83
14. Transitional regulations 85
Schedule 2 -- Consequential
amendments 87
1. Bail Act 1982 87
2. Constitution Acts Amendment Act 1899 87
3. Criminal Law (Mentally Impaired Defendants)
Act 1996 87
4. Fines, Penalties and Infringement Notices
Enforcement Act 1994 88
5. Juries Act 1957 88
6. Parole Orders (Transfer) Act 1984 89
7. Prisoners (Release for Deportation) Act 1989 89
8. Prisons Act 1981 89
9. Sentencing Act 1995 90
10. Spent Convictions Act 1988 91
11. Young Offenders Act 1994 91
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Sentencing Legislation Amendment and Repeal
Bill 2002
A Bill for
An Act --
· to amend the Sentencing Act 1995 and the Road Traffic Act 1974;
· to repeal the --
· Sentence Administration Act 1995;
· Sentence Administration Act 1999;
· Sentencing Legislation Amendment and Repeal Act 1999; and
· Sentencing Amendment Act 2000;
· to amend the Sentencing Act 1995 and other Acts as a
consequence of the enactment of the Sentence Administration
Act 2003;
· to amend various Acts in relation to the imposition of short
sentences of imprisonment,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Sentencing Legislation Amendment and Repeal Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Sentencing Legislation Amendment
5 and Repeal Act 2003.
2. Commencement
(1) Subject to subsection (3) this Act comes into operation on a day
fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
(3) Part 5 shall not be proclaimed to come into operation on a date
that is within 6 months of the coming into operation of any
other part of this Act or of the Sentence Administration Act 2003
and in the event that it is proclaimed, no other part of this Act
10 nor of the Sentence Administration Act 2003 may be proclaimed
to come into operation within 6 months of it having come into
operation.
page 2
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Preliminary Division 1
s. 3
Part 2 -- Sentencing Act 1995 amended
Division 1 -- Preliminary
3. The Act amended by this Part
The amendments in this Part are to the Sentencing Act 1995*.
5 [* Reprinted as at 4 May 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 339-40 and Acts Nos. 24 of
2001 and 7 of 2002.]
Division 2 -- Amendments about deferring sentencing
10 4. Section 4 amended
(1) Section 4(1) is amended by inserting the following definitions in
the appropriate alphabetical positions --
"
"pre-sentence order" ("PSO") means a pre-sentence
15 order made under Part 3A;
"speciality court" means a court --
(a) that is prescribed;
(b) that is sitting at a place prescribed; and
(c) that is dealing with offenders of a class
20 prescribed,
by the regulations and that is constituted by a
judicial officer who is approved by the judicial
officer who heads the court so prescribed;
".
25 (2) Section 4 is amended at the end of subsection (2) as follows:
(a) by deleting the full stop and inserting a semicolon instead;
(b) by inserting --
" "PSO" for pre-sentence order. ".
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Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 2 Amendments about deferring sentencing
s. 5
5. Section 20 amended
After section 20(2) the following subsection is inserted --
"
(2a) A court considering imposing a PSO must order a
5 pre-sentence report about (among any other things) the
offender's suitability to be the subject of a PSO.
".
6. Part 3A inserted
After section 33 the following Part is inserted --
10 "
Part 3A -- Pre-sentence order
Division 1 -- General
33A. When PSO may be made
(1) In this section --
15 "excluded offence" means --
(a) an offence the statutory penalty for which is
or includes mandatory imprisonment; or
(b) an offence under section 79 of the Prisons
Act 1981;
20 "imprisonable offence" means an offence the
statutory penalty for which is or includes
imprisonment.
(2) This section applies if a court is sentencing an offender
for one or more imprisonable offences, none of which
25 is an excluded offence, at a time when the offender is
neither serving nor is liable to serve a term of
imprisonment for another offence.
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Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about deferring sentencing Division 2
s. 6
(3) If this section applies, the court may make a PSO in
respect of the offender if it considers --
(a) that the seriousness of the imprisonable offence
or offences warrants the imposition of a term of
5 imprisonment under Part 13;
(b) that a PSO would allow the offender to address
his or her criminal behaviour and any factors
which contributed to the behaviour; and
(c) that if the offender were to comply with a PSO
10 the court might not impose a term of
imprisonment under Part 13 for the offence or
offences.
(4) If the court makes a PSO in respect of an offender in
respect of an imprisonable offence, the PSO applies in
15 respect of any other offence for which the court is
sentencing offender, whether an imprisonable offence
or not.
(5) A court must not make a PSO in respect of an offender
unless it has received a pre-sentence report about the
20 offender.
(6) If a pre-sentence report says that the offender is
suitable to be the subject of a PSO, but the court
decides not to make a PSO in respect of the offender,
the court must give written reasons for its decision.
25 (7) In subsection (6) --
"written reasons" includes reasons given orally and
subsequently transcribed.
33B. PSO: nature
(1) A PSO is an order that --
30 (a) the offender must appear before the court at the
time and place specified in the PSO (the
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Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 2 Amendments about deferring sentencing
s. 6
"sentencing day") to be sentenced for the
offence or offences to which the PSO applies;
and
(b) while the PSO is in force the offender must
5 comply with --
(i) the standard obligations in section 33D;
and
(ii) such of the primary requirements in
section 33E as the court imposes.
10 (2) The sentencing day must not be more than 2 years after
the date on which the PSO is made.
(3) A PSO --
(a) comes into force on the day it is made; and
(b) ceases to be in force on the sentencing day or
15 when a court cancels it, whichever happens first.
33C. Making a PSO
(1) If a court makes a PSO in respect of an offender, the
court must adjourn the sentencing of the offender to the
sentencing day.
20 (2) When adjourning the sentencing under subsection (1)
the court may also order that the offender reappear
before the court prior to the sentencing day --
(a) at a time and place fixed by the court; or
(b) if and when summonsed by the court,
25 so that the court can ascertain whether the offender is
complying with the PSO.
(3) An order may be made under subsection (2) on any
reappearance of the offender pursuant to a previous
order made under subsection (2).
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Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about deferring sentencing Division 2
s. 6
(4) If an offender does not reappear before a court at the
time and place fixed or in response to a summons
issued by the court, the court may issue a warrant to
have the offender arrested and brought before the court.
5 (5) On the reappearance of an offender, section 33N
applies.
(6) If a court makes a PSO in respect of an offender, it may
grant the offender bail.
33D. PSO: standard obligations
10 The standard obligations of a PSO are that the
offender --
(a) must report to a community corrections centre
within 72 hours after being released by the
court, or as otherwise ordered by a speciality
15 court or a CCO;
(b) must notify a CCO of any change of address or
place of employment within 2 clear working
days after the change, or as otherwise ordered
by a speciality court;
20 (c) must not leave Western Australia except with,
and in accordance with, the permission of a
speciality court or the CEO; and
(d) must comply with section 76 of the Sentence
Administration Act 2003.
25 33E. PSO: primary requirements
Every PSO must contain at least one of these primary
requirements --
(a) a supervision requirement under section 33F;
(b) a programme requirement under section 33G;
30 (c) a curfew requirement under section 33H.
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Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 2 Amendments about deferring sentencing
s. 6
33F. Supervision requirement
(1) The purpose of a supervision requirement is to allow
for the offender to be regularly monitored in the
community, and to receive regular counselling, in a
5 way and to an extent decided by a CCO, for the
purpose of either or both --
(a) rehabilitating the offender;
(b) ensuring the offender complies with any
direction given by the court when imposing the
10 requirement.
(2) The supervision requirement is a requirement that the
offender must contact a CCO, or receive visits from a
CCO, as ordered by a CCO.
(3) When imposing a supervision requirement, a court may
15 give any directions it decides are necessary to secure
the good behaviour of the offender but the court is not
to make a direction --
(a) the effect of which could be achieved by
imposing a programme requirement; or
20 (b) that requires the offender to pay compensation
or make restitution to any person or to perform
any community or other work.
(4) Unless a CCO orders otherwise, an offender subject to
a supervision requirement must contact a CCO at least
25 once in any period of 8 weeks.
(5) If an offender does not comply with subsection (4), he
or she is to be taken to have breached the supervision
requirement.
(6) A supervision requirement ceases to be in force when
30 the PSO ceases to be in force.
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Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about deferring sentencing Division 2
s. 6
33G. Programme requirement
(1) The purpose of a programme requirement is --
(a) to allow for any personal factors which
contributed to the offender's criminal behaviour
5 to be assessed; and
(b) to provide an opportunity for the offender to
recognise, to take steps to control and, if
necessary, to receive appropriate treatment for
those factors.
10 (2) The programme requirement is a requirement that the
offender must obey the orders of a speciality court or a
CCO as to --
(a) undergoing assessment by a medical
practitioner, a psychiatrist, a psychologist or a
15 social worker, or more than one of them and, if
necessary, appropriate treatment;
(b) undergoing assessment and, if necessary,
appropriate treatment in relation to the abuse of
alcohol, drugs or other substances;
20 (c) attending educational, vocational, or personal
development programmes or courses;
(d) residing at a specified place for the purposes of
any of the matters in paragraph (a), (b) or (c);
(e) more than one of the above.
25 (3) A speciality court or a CCO must not order an offender
to undergo treatment of any sort unless a person
qualified to recommend or administer the treatment has
recommended that the offender undergo such
treatment.
30 (4) A person is not to administer treatment of any sort
mentioned in subsection (2) to an offender without the
informed consent of the offender.
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Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 2 Amendments about deferring sentencing
s. 6
(5) The requirements of a programme requirement
imposed as part of a PSO are additional to the
requirements of any other programme requirement
applicable to the offender under another PSO or a
5 community order.
(6) A programme requirement ceases to be in force when a
speciality court or a CCO gives the offender notice to
that effect, or the PSO ceases to be in force, whichever
happens first.
10 (7) A CCO must not give notice unless satisfied that the
offender has complied with the programme
requirement.
33H. Curfew requirement
(1) The purposes of the curfew requirement are --
15 (a) to allow for the movements of an offender to be
restricted during periods when there is a high
risk of the offender offending; and
(b) to subject the offender to short periods of
detention at the place where the offender lives
20 or at some other specified place.
(2) The curfew requirement is a requirement that the
offender --
(a) must remain at a specified place (the "specified
place"), for specified periods, subject to
25 subsection (8); and
(b) must submit to surveillance or monitoring as
ordered by a speciality court or a CCO.
(3) The term of a curfew requirement must be set by the
court when it imposes the requirement; but the
30 requirement must not be imposed so as to result in a
curfew requirement being in force, whether under a
page 10
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about deferring sentencing Division 2
s. 6
PSO or an ISO, for a continuous period that exceeds 6
months.
(4) The term of a curfew is concurrent with the term of any
other curfew requirement applicable to the offender
5 under another PSO or an ISO unless the court orders
otherwise.
(5) At any one time the aggregate of the unexpired terms
of curfew requirements applicable to the offender
under PSOs or ISOs must not exceed 6 months.
10 (6) The court may give directions as to the periods when
the offender ought to be subject to a curfew.
(7) The offender is not to be required by the curfew
requirement to remain at a place for periods that
amount to less than 2 or more than 12 hours in any one
15 day.
(8) The offender may only leave the specified place during
a specified period --
(a) to obtain urgent medical or dental treatment for
the offender;
20 (b) for the purpose of averting or minimising a
serious risk of death or injury to the offender or
to another person;
(c) to obey an order issued under a written law
(such as a summons) requiring the offender's
25 presence elsewhere;
(d) for a purpose approved of by a CCO; or
(e) on the order of a CCO.
(9) The curfew requirement ceases to be in force when its
term ends, or when the PSO ceases to be in force,
30 whichever happens first.
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Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 2 Amendments about deferring sentencing
s. 6
(10) Without limiting the means by which the offender may
be kept under surveillance or monitored, a speciality
court or a CCO may, for the purposes of
subsection (2)(b), order an offender --
5 (a) to wear any device; or
(b) to permit the installation of any device or
equipment at the place where the offender
resides.
(11) A CCO may give such reasonable directions to the
10 offender as are necessary for the proper administration
of the curfew requirement.
(12) Without limiting subsection (11), if the offender is
authorised under subsection (8) to leave the specified
place, a CCO may give directions as to --
15 (a) when the offender may leave;
(b) the period of the authorised absence;
(c) when the offender must return;
(d) the method of travel to be used by the offender
during the absence; and
20 (e) the manner in which the offender must report
his or her whereabouts.
(13) To ascertain whether or not the offender is complying
with the curfew requirement, a CCO may, at any
time --
25 (a) enter or telephone the specified place;
(b) enter or telephone the offender's place of
employment or any other place where the
offender is authorised or required to attend; or
(c) question any person at any place referred to in
30 paragraph (a) or (b).
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Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about deferring sentencing Division 2
s. 6
(14) A person must not --
(a) hinder a person exercising powers under
subsection (13); or
(b) fail to answer a question put pursuant to
5 subsection (13)(c) or give an answer that the
person knows is false or misleading in a
material particular.
Penalty: $2 000 and imprisonment for 12 months.
(15) In this section --
10 "specified" means specified by a speciality court or the
CEO from time to time.
33I. Performance reports
(1) A CCO must give a court a performance report about
an offender who is subject to a PSO --
15 (a) if required to do so by the court and in the form
and at a forum directed by the speciality court;
and
(b) in any event on or before the sentencing day.
(2) A CCO may give a court a performance report at any
20 time if the CCO considers it appropriate to do so.
(3) A performance report must report --
(a) on the offender's behaviour while subject to the
PSO; and
(b) if the report is required for a hearing prior to
25 the sentencing day, on whether the offender is
suitable to continue to be the subject of a PSO.
(4) A performance report may be made --
(a) by more than one person; and
(b) in writing or orally.
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Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 2 Amendments about deferring sentencing
s. 6
(5) A written performance report must not be given to
anyone other than the court and the CEO.
(6) A court may make a performance report available to
the prosecutor, the offender or to any other person, on
5 such conditions as it thinks fit.
33J. Sentencing day: how offender to be dealt with
(1) When an offender appears before the court --
(a) on the sentencing day specified in the PSO; or
(b) as a result of a warrant issued under
10 subsection (2),
the court is to sentence the offender.
(2) If an offender does not appear on the sentencing day
specified in the PSO, the court may issue a warrant to
have the offender arrested and brought before it.
15 33K. Sentencing an offender after a PSO
(1) A court sentencing an offender who has been subject to
a PSO, whether on the sentencing day or on a day prior
to that day--
(a) must take into account the offender's behaviour
20 while subject to the PSO; and
(b) may use any sentencing option available under
Part 5 to the court in respect of the offence
concerned.
(2) For the purposes of subsection (1), the court may
25 adjourn the sentencing in order to obtain a performance
report made under section 33I or any other information
relevant to the offender's behaviour while subject to
the PSO.
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Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about deferring sentencing Division 2
s. 6
(3) The court referred to in subsection (1) need not be
constituted by the same judicial officer as constituted
the court when the PSO was made.
(4) Nothing in this Part prevents a court from sentencing
5 an offender who was subject to a PSO more than
2 years after the PSO was made.
Division 2 -- Amending and enforcing PSOs
33L. Interpretation
(1) In this Division --
10 "requirement", in relation to a PSO, means the
standard obligations and primary requirements of
the PSO and any direction of the court that
imposed the order.
(2) Section 125(3), with any necessary changes, applies in
15 respect of references in this Division to the court that
made a PSO in the same way as it applies in Part 18 to
the court that imposed an order.
33M. Application to amend or cancel
(1) An application to amend or cancel a PSO may be made
20 only by the offender or a CCO.
(2) The application must be made --
(a) if the Children's Court made the PSO, to that
court;
(b) if a court of petty sessions made the PSO, to
25 any court of petty sessions; or
(c) if a superior court made the PSO, to that court.
(3) The application must be made in accordance with the
regulations.
(4) On an application made under this section, section 33N
30 applies.
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Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 2 Amendments about deferring sentencing
s. 6
33N. Court may confirm, amend or cancel PSO
(1) If on a reappearance ordered under section 33C(2) or
compelled under section 33C(2) or (4) or on an
application made under section 33M, a court is
5 satisfied that the circumstances of the offender --
(a) were wrongly or inaccurately presented to the
court when it made the PSO; or
(b) have so altered since the court made the PSO
that --
10 (i) the offender will not be able to comply
with the requirements of the PSO; or
(ii) it is no longer appropriate for the
offender to be subject to the PSO,
and that it is just to do so, or if the offender requests,
15 the court may make an order under subsection (2) but
otherwise it must confirm the PSO.
(2) If a court may make an order under this subsection, it
may either --
(a) amend the PSO --
20 (i) by amending or cancelling the primary
requirements of the PSO or any
direction given by the court that made
the PSO;
(ii) by adding a primary requirement or
25 giving a direction that could have been
given by the court that made the PSO;
(iii) subject to section 33B(2), by changing
the sentencing day; or
(iv) by a combination of those;
30 or
(b) cancel the PSO and sentence the offender.
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Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about deferring sentencing Division 2
s. 6
(3) A court that under subsection (2)(a) may amend a PSO
that applies to an offender who is subject to one or
more curfew requirements under PSOs or ISOs of
6 months may, despite sections 33H(3) and (5)
5 and 75(3) and (5), amend any curfew requirement in
the PSO by extending its term by not more than one
month at a time or add a curfew requirement the term
of which is not more than one month.
(4) If the court decides to cancel the last remaining
10 requirement of a PSO, the court must cancel the PSO
and sentence the offender.
(5) On a reappearance ordered under section 33C(2) or
compelled under section 33C(2) or (4) or on an
application made under section 33M in respect of a
15 PSO, the court need not be constituted by the same
judical officer as constituted the court when the PSO
was made.
33O. Re-offending while subject to a PSO
(1) This section applies if --
20 (a) a court convicts a person of an offence the
statutory penalty for which is or includes
imprisonment; and
(b) the offence was committed while the person
was subject to a PSO made in relation to
25 another offence.
(2) The court --
(a) if it is the Children's Court, may deal with the
person under subsection (5) unless the PSO was
made by a superior court in which case it must
30 commit the person to that court and that court
may deal with the person under subsection (5);
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Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 2 Amendments about deferring sentencing
s. 6
(b) if it is a court of petty sessions, may deal with
the person under subsection (5) unless the PSO
was made --
(i) by the Children's Court for an indictable
5 offence; or
(ii) by a superior court,
in which case the court must commit the person
to the court that made the PSO and that court
may deal with the person under subsection (5);
10 (c) if it is the District Court, may deal with the
person under subsection (5) unless the PSO was
made by the Children's Court or the Supreme
Court for an offence which the District Court
would not have jurisdiction to deal with if it
15 were committed by an adult, in which case the
Court must commit the person to the court that
made the PSO and that court may deal with the
person under subsection (5);
(d) if it is the Supreme Court, may deal with the
20 person under subsection (5).
(3) A court that under subsection (2) commits a person to
another court must certify that the person has been
convicted of an offence committed while subject to a
PSO.
25 (4) Subsection (2) does not affect the powers of the court
that convicts a person of the offence committed while
the person was subject to a PSO to deal with the person
for that offence.
(5) A court that may deal with an offender under this
30 subsection may --
(a) if the PSO is in force --
(i) confirm the PSO;
page 18
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about deferring sentencing Division 2
s. 6
(ii) amend the PSO in any of the ways
described in section 33N(2)(a); or
(iii) cancel the PSO and sentence the
offender.
5 (b) if the PSO is not in force and the offender has
been sentenced for the offence or offences to
which the PSO applied, recall the order
imposing the sentence and impose a sentence
that takes account of --
10 (i) the fact that the offender committed an
offence while subject to the PSO; and
(ii) the extent to which the offender has
complied with any orders made under
the sentence imposed for the offence or
15 offences to which the PSO applied.
33P. Breach etc. of PSO, powers of CEO and court
(1) If --
(a) an offender is subject to a PSO; and
(b) the CEO, has reasonable grounds to believe that
20 the offender has been, is, or is likely to be, in
breach of any requirement of the PSO,
the CEO may issue a warrant to have the offender
arrested and brought before --
(a) the court that made the PSO, if the Children's
25 Court or a superior court made the PSO;
(b) a court of petty sessions, if the PSO was made
by such a court.
(2) The warrant must be in the prescribed form.
(3) If the court before which the offender is brought is
30 satisfied that the offender has been, is, or is likely to
page 19
Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 2 Amendments about deferring sentencing
s. 6
be, in breach of any requirement of the PSO, the court
may --
(a) amend the PSO in any of the ways described in
section 33N(2)(a); or
5 (b) cancel the PSO and sentence the offender,
but otherwise must confirm the PSO.
(4) Proceedings under this section may be dealt with
simultaneously with any proceedings under section 55
of the Bail Act 1982.
10 33Q. Facilitation of proof
(1) This section applies only in relation to proceedings
under this Part.
(2) A copy of a PSO certified by the court that made it is,
in the absence of evidence to the contrary, evidence of
15 its contents.
(3) A copy of an order amending a PSO certified by the
court that made it is, in the absence of evidence to the
contrary, evidence of its contents.
(4) A certificate of a court under section 33O(3) is, in the
20 absence of evidence to the contrary, evidence of its
contents.
(5) In proceedings before a court under section 33P,
evidence of an alleged breach of a requirement of a
PSO may be given by tendering a certificate signed by
25 the CEO stating the particulars of the alleged breach.
(6) Section 134(6) applies to a certificate referred to in
subsection (5).
".
page 20
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about sentencing options Division 3
s. 7
7. Section 66 amended
Section 66(5) is amended by deleting "imposed as part of any
other community order." and inserting instead --
"
5 applicable to the offender under a community order or
a PSO.
".
8. Section 73 amended
Section 73(5) is amended by deleting "imposed as part of any
10 other community order." and inserting instead --
"
applicable to the offender under a community order or
a PSO.
".
15 Division 3 -- Amendments about sentencing options
9. Section 9 amended
(1) Section 9(4) is repealed.
(2) Section 9(5) is amended by deleting "Subsection (4) does not
prevent a court" and inserting instead --
20 "
The fact that a court is required to impose a mandatory
penalty or a minimum penalty does not prevent it
".
10. Section 41 amended
25 (1) Section 41(1) is amended by deleting "imprisonment only" and
inserting instead --
" such that imprisonment but not a fine may be imposed ".
page 21
Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 3 Amendments about sentencing options
s. 11
(2) After section 41(2) the following subsection is inserted --
"
(2a) If the statutory penalty for the offence is such that
imprisonment must be imposed, then despite
5 subsection (2) the court must impose a term of
imprisonment in accordance with the statutory penalty,
unless the written law creating the offence provides
otherwise.
".
10 11. Section 42 amended
After section 42(2) the following subsection is inserted --
"
(2a) If the statutory penalty for the offence is such that both
a minimum fine and imprisonment may be imposed,
15 then despite subsection (2) the court must impose one
or both of the following --
(a) a fine that is at least the minimum fine and not
more than any maximum fine for the offence;
(b) a sentencing option in section 39(2) that is
20 listed after section 39(2)(c),
unless the written law creating the offence provides
otherwise.
".
12. Section 43 amended
25 After section 43(2) the following subsection is inserted --
"
(2a) If the statutory penalty for the offence is such that
either a minimum fine or imprisonment may be
page 22
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about imprisonment Division 4
s. 13
imposed, then despite subsection (2) the court must
impose one of the following but not both --
(a) a fine that is at least the minimum fine and not
more than any maximum fine for the offence;
5 (b) a sentencing option in section 39(2) that is
listed after section 39(2)(c),
unless the written law creating the offence provides
otherwise.
".
10 13. Section 44 amended
(1) Section 44 is amended as follows:
(a) by inserting before "If the statutory" the subsection
designation "(1)";
(b) by deleting "a fine only" and inserting instead --
15 "
such that a fine but not imprisonment may be imposed
".
(2) At the end of section 44 the following subsection is inserted --
"
20 (2) If the statutory penalty for an offence is such that a
minimum fine must be imposed, then despite
subsection (1) the court must impose a fine that is at
least the minimum fine and not more than any
maximum fine for the offence, unless the written law
25 creating the offence provides otherwise.
".
Division 4 -- Amendments about imprisonment
14. Section 4 amended
Section 4(1) is amended by deleting the definition of "parole
30 order".
page 23
Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 4 Amendments about imprisonment
s. 15
15. Section 76 amended
(1) Section 76(3)(a) is amended by deleting "(as defined in
Part 13)".
(2) After section 76(3) the following subsection is inserted --
5 "
(4) In subsection (3)(a) --
"early release order" means --
(a) a parole order, home detention order, or
work release order, made under the Sentence
10 Administration Act 1995; or
(b) a parole order, or re-entry release order,
made under the Sentence Administration
Act 2003.
".
15 16. Section 85 amended
(1) Section 85(1) is amended by deleting the definition of "early
release order".
(2) Section 85(1) is amended by inserting in the appropriate
alphabetical position the following definition --
20 "
"parole order" means an order made under Part 3 of
the Sentence Administration Act 2003 that a
prisoner be released on parole and includes a
parole order made for the purposes of section 72 or
25 73 of that Act;
".
(3) Section 85(1) is amended in the definition of "prescribed term"
by deleting paragraph (a).
page 24
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about imprisonment Division 4
s. 17
(4) Section 85(2), (3) and (4) are repealed and the following
subsections are inserted instead --
"
(2) For the purposes of this Part and Part 11 and for the
5 purposes of the Sentence Administration Act 2003, 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
10 cumulatively.
(3) For the purposes of this Part and of the Sentence
Administration Act 2003, to calculate the length in days
of one-half of a fixed term --
(a) determine the dates on which the term as
15 imposed by the court will begin and end and
then express the term as a number of
days ("T"); and
(b) then divide T by 2 and disregard any remainder.
(4) In this Part and in the Sentence Administration
20 Act 2003, a fixed term ends when the term as imposed
by the court ends, and it does not matter if the prisoner
has been released before then.
".
17. Section 88 amended
25 (1) Section 88(3)(d) is deleted and the following paragraph is
inserted instead --
"
(d) the fixed term is to be served partly
concurrently with the other fixed term.
30 ".
page 25
Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 4 Amendments about imprisonment
s. 18
(2) Section 88(4) is repealed and the following subsection is
inserted instead --
"
(4) If under subsection (3)(d) a court orders that a term is
5 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
concurrent term is to begin, but that period must not
extend beyond the earliest date on which the offender
10 could be released (whether on parole or not) in relation
to the other fixed term.
".
18. Section 89 replaced
Section 89 is repealed and the following section is inserted
15 instead --
"
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
20 of that term by making a parole eligibility order.
(2) A parole eligibility order must not be made if the fixed
term or the aggregate of the fixed terms is less than
12 months, except where the offender, at the date of the
sentence, is serving or has yet to serve a parole term
25 imposed previously.
(3) A parole eligibility order must not be made in respect
of a prescribed term.
(4) A court may decide not to make a parole eligibility
order in respect of a fixed term imposed on an offender
30 if the court considers that the offender should not be
eligible for parole because of at least 2 of the following
4 factors --
(a) the offence is serious;
page 26
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about imprisonment Division 4
s. 19
(b) the offender has a significant criminal record;
(c) the offender, when released from custody under
a release order made previously, did not
comply with the order;
5 (d) any other reason the court considers relevant.
(5) 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
respect of those terms.
10 (6) The effect of a parole eligibility order made in respect
of 2 or more fixed terms is subject to section 94.
(7) This section does not affect the operation of Part 3
Division 4 of the Sentence Administration Act 2003 in
relation to the release on parole of a prisoner to whom
15 that Division applies.
(8) In subsection (4) --
"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
20 releases the offender on conditions before the end
of the sentence, and includes such an order made
under a written law before the commencement of
the Sentencing Legislation Amendment and Repeal
Act 2003.
25 ".
19. Section 92 repealed
Section 92 is repealed.
page 27
Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 4 Amendments about imprisonment
s. 20
20. Sections 93 to 95 replaced
Sections 93, 94 and 95 are repealed and the following sections
are 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 --
(a) if the term served is four years or less -- when
he or she has served one-half of the term; or
10 (b) if the term served is more than four years --
when he or she has served 2 years less than the
term.
(2) Any order for the release on parole of a prisoner to
whom subsection (1) applies must be made in
15 accordance with Part 3 of the Sentence Administration
Act 2003.
(3) If a prisoner serving a parole term has not been
released on parole before the term ends, the prisoner is
discharged from that sentence when the term ends and,
20 subject to Part 2 Division 2 of the Sentence
Administration Act 2003, must be released then.
94. Aggregation of parole terms for certain purposes
(1) In the case of a prisoner serving 2 or more parole
terms --
25 (a) the time when he or she is eligible to be
released on parole; and
(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)
30 those terms are to be aggregated.
page 28
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
Amendments about imprisonment Division 4
s. 20
(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
5 parole terms separately.
(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.
10 (4) A parole term imposed at a different time to another
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
15 (b) the other term was imposed before the
commencement of Part 2 Division 4 of the
Sentencing Legislation Amendment and Repeal
Act 2003.
(5) Subject to this section, a parole term, or an aggregate
20 of parole terms, may be aggregated with the aggregate
of 2 or more other parole terms, but a parole term, or
an aggregate of parole terms, imposed before the
commencement of Part 2 Division 4 of the Sentencing
Legislation Amendment and Repeal Act 2003 is not to
25 be aggregated with a parole term, or aggregate of
parole terms, imposed after that commencement.
(6) For the purposes of applying this section a reference in
this Part or in the Sentence Administration Act 2003 to
a prisoner serving a parole term is, where necessary, to
30 be taken as including a reference to a prisoner serving
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.
page 29
Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 4 Amendments about imprisonment
s. 21
Table showing some examples of the operation of this section and sections 88
and 93, and section 7 of the Sentence Administration Act 2003
Parole Parole Whether Effect
term 1 term 2 concurrent etc.
4 years 6 years Concurrent Aggregation of terms permitted for
parole calculations.
Aggregate = 6 years.
Non-parole period = 3 years.
(Calculated on aggregate).
If not paroled, serve 6 years.
4 years 6 years Cumulative Aggregation of terms permitted for
parole calculations.
Aggregate = 10 years.
Non-parole period = 5 years.
(Calculated on aggregate).
If not paroled, serve 10 years.
4 years 6 years Partly concurrent: Aggregation of terms not permitted for
1 year of term 1 to be parole calculations.
served before term 2 Serve 1 year of term 1.
begins. Then begin serving term 2
(See s. 88(4)) concurrently 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 years.
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 Part 2 Division 2 of the Sentence
5 Administration Act 2003, must be released then.
".
21. Section 100 amended
Section 100 is amended by deleting "an early release order (as
defined in Part 13)" and inserting instead --
10 "
a parole order or a re-entry release order made under
the Sentence Administration Act 2003
".
page 30
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
General amendments Division 5
s. 22
22. Transitional provisions
Schedule 1 has effect in relation to the amendments effected by
this Division.
Division 5 -- General amendments
5 23. Section 4 amended
(1) Section 4(1) is amended by inserting in the appropriate
alphabetical position the following definition --
"
"spent conviction order" has the meaning given by
10 section 45(2);
".
(2) After section 4(2) the following subsection is inserted --
"
(3) Examples in this Act are provided to assist
15 understanding and do not form part of the Act.
".
24. Section 34 amended
(1) Section 34 is amended by inserting before "A" the subsection
designation "(1)".
20 (2) At the end of section 34 the following subsections are
inserted --
"
(2) If a court sentencing an offender imposes a fixed term
(as defined in section 85), the court is to state in open
25 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
terms.
page 31
Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 5 General amendments
s. 25
(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.
5 ".
25. Section 75 amended
(1) Section 75(1) is amended by inserting after paragraph (a) --
" and ".
(2) Section 75(2)(a) and "and" after it are deleted and the following
10 is inserted instead --
"
(a) must remain at a specified place (the "specified
place"), for specified periods, subject to
subsection (8); and
15 ".
(3) Section 75(3) to (9) are repealed and the following subsections
are inserted instead --
"
(3) The term of a curfew requirement must be set by the
20 court when it imposes the requirement; but the
requirement must not be imposed so as to result in a
curfew requirement being in force, whether under an
ISO or a PSO, for a continuous period that exceeds
6 months.
25 (4) The term of a curfew is concurrent with the term of any
other curfew requirement applicable to the offender
under another ISO or a PSO, unless the court orders
otherwise.
(5) At any one time the aggregate of the unexpired terms
30 of curfew requirements applicable to the offender
under ISOs or PSOs must not exceed 6 months.
page 32
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
General amendments Division 5
s. 25
(6) The court may give directions as to the periods when
the offender ought to be subject to a curfew.
(7) The offender is not to be required by the curfew
requirement to remain at a place for periods that
5 amount to less than 2 or more than 12 hours in any one
day.
(8) The offender may only leave the specified place during
a specified period --
(a) to do community corrections activities as
10 required under this Act or the Sentence
Administration Act 2003;
(b) to obtain urgent medical or dental treatment for
the offender;
(c) for the purpose of averting or minimising a
15 serious risk of death or injury to the offender or
to another person;
(d) to obey an order issued under a written law
(such as a summons) requiring the offender's
presence elsewhere;
20 (e) for a purpose approved of by a CCO; or
(f) on the order of a CCO.
(9) The curfew requirement ceases to be in force when its
term ends, or when the ISO ceases to be in force,
whichever happens first.
25 (10) Without limiting the means by which the offender may
be kept under surveillance or monitored, a CCO may,
for the purposes of subsection (2)(b), order the
offender --
(a) to wear any device; or
30 (b) to permit the installation of any device or
equipment at the place where the offender
resides.
page 33
Sentencing Legislation Amendment and Repeal Bill 2002
Part 2 Sentencing Act 1995 amended
Division 5 General amendments
s. 25
(11) A CCO may give such reasonable directions to the
offender as are necessary for the proper administration
of the curfew requirement.
(12) Without limiting subsection (11), if the offender is
5 authorised under subsection (8) to leave the specified
place, a CCO may give directions as to --
(a) when the offender may leave;
(b) the period of the authorised absence;
(c) when the offender must return;
10 (d) the method of travel to be used by the offender
during the absence; and
(e) the manner in which the offender must report
his or her whereabouts.
(13) To ascertain whether or not the offender is complying
15 with the curfew requirement, a CCO may, at any
time --
(a) enter or telephone the specified place;
(b) enter or telephone the offender's place of
employment or any other place where the
20 offender is authorised or required to attend; or
(c) question any person at any place referred to in
paragraph (a) or (b).
(14) A person must not --
(a) hinder a person exercising powers under
25 subsection (13); or
(b) fail to answer a question put pursuant to
subsection (13)(c) or give an answer that the
person knows is false or misleading in a
material particular.
30 Penalty: $2 000 and imprisonment for 12 months.
page 34
Sentencing Legislation Amendment and Repeal Bill 2002
Sentencing Act 1995 amended Part 2
General amendments Division 5
s. 26
(15) In this section --
"specified" means specified by the CEO from time to
time.
".
5 26. Section 137 replaced
Section 137 is repealed and the following section is inserted
instead --
"
137. Royal Prerogative of Mercy not affected
10 Neither this Act nor the Sentence Administration
Act 2003 affects the Royal Prerogative of Mercy or
limits any exercise of it.
".
page 35
Sentencing Legislation Amendment and Repeal Bill 2002
Part 3 Road Traffic Act 1974 amended
s. 27
Part 3 -- Road Traffic Act 1974 amended
27. The Act amended by this Part
The amendment in this Part is to the Road Traffic Act 1974*.
[* Reprinted as at 19 October 2001.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 329-30 and Acts Nos. 4, 5 and
7 of 2002 and Gazette 17 May 2002 p. 2558-60.]
28. Section 106 replaced by sections 106 and 106A
Section 106 is repealed and the following sections are inserted
10 instead --
"
106. Sentencing for certain offences
(1) In this section --
"minimum fine" means a pecuniary penalty provided
15 for or in relation to an offence that is expressed to
be a minimum penalty, whether by the use of the
expression "minimum penalty" or "not less than"
or another like expression.
(2) Without limiting the Sentencing Act 1995, and despite
20 any other written law, a minimum fine in this Act is
irreducible in mitigation.
(3) A court sentencing a person who has been convicted
of --
(a) a first offence against section 63 or 67; or
25 (b) an offence against section 64 or 67A,
may, instead of imposing a fine --
(c) order the release of the person and impose a
community based order under Part 9 of the
Sentencing Act 1995 with at least the
page 36
Sentencing Legislation Amendment and Repeal Bill 2002
Road Traffic Act 1974 amended Part 3
s. 28
community service requirement as a primary
requirement of the order; or
(d) if the offender is a young person under the
Young Offenders Act 1994, subject to
5 sections 50, 50A and 50B of that Act, make a
youth community based order under that Act
imposing at least community work conditions
on the offender.
(4) If a court sentencing a person who has been convicted
10 of --
(a) an offence against section 49 committed in the
circumstances mentioned in section 49(2); or
(b) a second or subsequent offence against
section 63 or 67,
15 orders the release of the offender and imposes a
community based order or an intensive supervision
order under the Sentencing Act 1995, the court must
impose at least the community service requirement as a
primary requirement of the order.
20 (5) If a court sentencing a person who has been convicted
of --
(a) an offence against section 49 committed in the
circumstances mentioned in section 49(2); or
(b) a second or subsequent offence against
25 section 63 or 67,
orders the release of the offender and imposes a youth
community based order or an intensive youth
supervision order under the Young Offenders Act 1994,
the court must impose community work conditions on
30 the offender as part of the order.
page 37
Sentencing Legislation Amendment and Repeal Bill 2002
Part 3 Road Traffic Act 1974 amended
s. 28
106A. Mandatory disqualification
(1) If this Act requires a court to disqualify an offender
from holding or obtaining a driver's licence --
(a) for a specific period provided in relation to the
5 offence concerned (including permanent
disqualification);
(b) for a period not less than a minimum period
provided in relation to the offence concerned;
or
10 (c) for a period not less than a minimum period,
and not more than a maximum period, provided
in relation to the offence concerned,
the requirement is irreducible in mitigation and,
irrespective of any sentence the court imposes on the
15 offender, the court must disqualify the offender --
(d) for that period;
(e) for a period not less than that minimum period;
or
(f) for a period not less than that minimum period
20 and not more than that maximum period.
(2) Subsection (1) has effect despite any other written law.
".
page 38
Sentencing Legislation Amendment and Repeal Bill 2002
Repeal of sentencing legislation Part 4
s. 29
Part 4 -- Repeal of sentencing legislation
29. Sentence Administration Act 1995 repealed and
consequential amendments
(1) The Sentence Administration Act 1995 is repealed.
5 (2) Schedule 1 has effect in relation to the repeal effected by
subsection (1).
(3) Schedule 2 has effect.
30. Sentence Administration Act 1999 repealed
The Sentence Administration Act 1999 is repealed.
10 31. Sentencing Legislation Amendment and Repeal Act 1999
repealed
The Sentencing Legislation Amendment and Repeal Act 1999 is
repealed.
32. Sentencing Amendment Act 2000 repealed
15 The Sentencing Amendment Act 2000 is repealed.
page 39
Sentencing Legislation Amendment and Repeal Bill 2002
Part 5 Amendments about short sentences
s. 33
Part 5 -- Amendments about short sentences
33. Sentencing Act 1995 amended
(1) The amendments in this section are to the Sentencing Act 1995*.
[* Reprinted as at 4 May 2001.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 339-40, and Acts Nos. 24 of
2001 and 7 of 2002.]
(2) Section 44(a) is deleted and the following paragraph is inserted
instead --
10 "
(a) if the offender is a natural person --
(i) use any one of the sentencing options in
section 39(2)(a), (b) and (c); or
(ii) in the case of an offence prescribed for
15 the purposes of this section, use any one
of the sentencing options in
section 39(2)(a), (b), (c) and (d);
".
(3) Section 86 is amended by deleting "3 months" in both places
20 where it occurs and in each place inserting instead --
" 6 months ".
34. Aboriginal Affairs Planning Authority Act 1972 amended
(1) The amendments in this section are to the Aboriginal Affairs
Planning Authority Act 1972*.
25 [* Reprinted as at 5 February 1999.]
(2) Section 49(1) is amended by deleting "for a period of 6 months
or more".
page 40
Sentencing Legislation Amendment and Repeal Bill 2002
Amendments about short sentences Part 5
s. 35
(3) Section 50 is repealed and the following section is inserted
instead --
"
50. Penalties
5 A person who commits an offence against this Act for
which no penalty is specifically provided is liable on
conviction to --
(a) for a first offence, $1 000 or imprisonment for
9 months;
10 (b) for a second or subsequent offence, $5 000 or
imprisonment for 12 months.
".
(4) Section 51(3) is repealed and the following subsection is
inserted instead --
15 "
(3) Regulations may create offences and provide, in
respect of an offence so created, for the imposition of a
penalty of --
(a) for a first offence, $1 000 and imprisonment for
20 9 months;
(b) for a second or subsequent offence, $5 000 and
imprisonment for 12 months.
".
35. Aboriginal Heritage Act 1972 amended
25 (1) The amendments in this section are to the Aboriginal Heritage
Act 1972*.
[* Reprinted as at 16 February 2001.]
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Part 5 Amendments about short sentences
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(2) Section 57(1) is repealed and the following subsection is
inserted instead --
"
(1) A person who commits an offence against this Act for
5 which no penalty is specifically provided is liable, on
summary conviction --
(a) in the case of an individual, to --
(i) for a first offence, $20 000 and
imprisonment for 9 months; and
10 (ii) for a second or subsequent offence,
$40 000 and imprisonment for 2 years,
and in any case, to a daily penalty of $400; and
(b) in the case of a body corporate, to --
(i) for a first offence, $50 000; and
15 (ii) for a second or subsequent offence,
$100 000,
and in any case, to a daily penalty of $1 000.
".
36. Aerial Spraying Control Act 1966 amended
20 (1) The amendments in this section are to the Aerial Spraying
Control Act 1966*.
[* Reprinted as approved 28 August 1983.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 7.]
25 (2) Sections 6 and 9(4) are each amended by deleting the penalty
clause and inserting the following penalty clause instead --
" Penalty: $2 000. ".
(3) Section 19(1)(m) is amended by deleting "or imprisonment for
six months, or both,".
page 42
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s. 37
37. Bail Act 1982 amended
(1) The amendments in this section are to the Bail Act 1982*.
[* Reprinted as at 27 August 1999.
For subsequent amendments see 2001 Index to Legislation of
5 Western Australia, Table 1, p. 27 and Act No. 6 of 2002.]
(2) Section 20(4) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
(3) Section 50C(3) is amended by deleting the penalty clause and
10 inserting the following penalty clause instead --
" Penalty: $2 000 and imprisonment for 12 months. ".
(4) Section 50D(2) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $2 000. ".
15 (5) Section 60 is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
38. Biological Control Act 1986 amended
(1) The amendments in this section are to the Biological Control
20 Act 1986*.
[* Act No. 106 of 1986.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 33.]
(2) Sections 41 and 43 are each amended by deleting the penalty
25 clause and inserting the following penalty clause instead --
" Penalty: $1 000. ".
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39. Botanic Gardens and Parks Authority Act 1998 amended
(1) The amendments in this section are to the Botanic Gardens and
Parks Authority Act 1998*.
[* Act No. 53 of 1998.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 34.]
(2) Section 30 is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $5 000. ".
10 40. Boxing Control Act 1987 amended
(1) The amendments in this section are to the Boxing Control
Act 1987*.
[* Act No. 2 of 1987.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 34.]
(2) Section 24 is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000 and imprisonment for 9 months. ".
(3) Section 38 is amended by deleting the penalty clause and
20 inserting the following penalty clause instead --
" Penalty: $1 000. ".
41. Business Names Act 1962 amended
(1) The amendments in this section are to the Business Names
Act 1962*.
25 [* Reprinted as at 16 February 2001.]
(2) Section 5A(2) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $400. ".
page 44
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Amendments about short sentences Part 5
s. 42
42. Cattle Industry Compensation Act 1965 amended
(1) The amendments in this section are to the Cattle Industry
Compensation Act 1965*.
[* Reprinted as at 20 August 1999.]
5 (2) Section 37(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $3 000. ".
43. Cemeteries Act 1986 amended
(1) The amendments in this section are to the Cemeteries
10 Act 1986*.
[* Reprinted as at 3 April 2002.]
(2) Section 62 is amended by deleting "and is liable to a fine of
$1 000 or imprisonment for 6 months, or both" and inserting the
following penalty clause at the end of the section --
15 " Penalty: $1 000. ".
44. Child Welfare Act 1947 amended
(1) The amendments in this section are to the Child Welfare
Act 1947*.
[* Reprinted as at 12 July 1995.
20 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 50.]
(2) Sections 130A(5) and 138A are each amended by deleting the
penalty clause and inserting the following penalty clause
instead --
25 " Penalty: $400. ".
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45. Community Services Act 1972 amended
(1) The amendments in this section are to the Community Services
Act 1972*.
[* Reprinted as at 5 April 2002.]
5 (2) Section 17A(3) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
"
Penalty: For a first offence, $2 000 and a daily penalty
of $200.
10 For a subsequent offence, $4 000 and a daily
penalty of $400.
".
46. Companies (Co-operative) Act 1943 amended
(1) The amendments in this section are to the Companies
15 (Co-operative) Act 1943*.
[* Reprinted as at 14 January 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 60.]
(2) Sections 280(1) and 425 are each amended by deleting
20 "6 months" and inserting instead --
" 9 months ".
47. Conservation and Land Management Act 1984 amended
(1) The amendments in this section are to the Conservation and
Land Management Act 1984*.
25 [* Reprinted as at 26 March 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 62 and Act No. 6 of 2002.]
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s. 48
(2) Sections 105(1) and 106 are each amended by deleting the
penalty clause and inserting the following penalty clause
instead --
" Penalty: $4 000. ".
5 48. Conspiracy and Protection of Property Act 1900 amended
(1) The amendment in this section is to the Conspiracy and
Protection of Property Act 1900*.
[* Reprinted as approved 7 April 1971.
For subsequent amendments see 2001 Index to Legislation of
10 Western Australia, Table 1, p. 62.]
(2) Section 6 is amended by deleting "or to be imprisoned for a
term not exceeding six months".
49. Co-operative and Provident Societies Act 1903 amended
(1) The amendments in this section are to the Co-operative and
15 Provident Societies Act 1903*.
[* Reprinted as at 7 September 2001.]
(2) Section 36 is amended by deleting ", or to be imprisoned for any
term not exceeding 3 months".
(3) Section 51 is amended by deleting ", and in default of such
20 delivery or repayment, or of the payment of such penalty and
costs aforesaid, to be imprisoned for any time not exceeding
3 months".
(4) Section 55 is amended by deleting ", or to imprisonment not
exceeding 3 months".
25 50. Credit (Administration) Act 1984 amended
(1) The amendments in this section are to the Credit
(Administration) Act 1984*.
[* Reprinted as at 5 May 2000.
For subsequent amendments see 2001 Index to Legislation of
30 Western Australia, Table 1, p. 84.]
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(2) Sections 37, 38 and 39(4) and (6) are each amended by deleting
the penalty clause and inserting the following penalty clause
instead --
" Penalty: $6 000. ".
5 51. The Criminal Code amended
(1) The amendments in this section are to The Criminal Code*.
[* Reprinted as at 9 February 2001 as the Schedule to the
Criminal Code Act 1913 appearing in Appendix B to the
Criminal Code Compilation Act 1913.
10 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 89 and Acts Nos. 3 and 6 of
2002.]
(2) Sections 77 and 78 are each amended by deleting the summary
conviction penalty clause and inserting the following penalty
15 clause instead --
"
Summary conviction penalty: imprisonment for
12 months.
".
20 (3) Section 95 is amended by deleting ", and is liable to
imprisonment for 6 months" and inserting the following penalty
clause at the end of the section --
" Penalty: $6 000. ".
(4) Section 97 is amended by deleting ", and is liable to
25 imprisonment for 6 months, or to a fine of $100" and inserting
the following penalty clause at the end of the section --
" Penalty: $6 000. ".
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Amendments about short sentences Part 5
s. 51
(5) Section 105 is amended by deleting ", and is liable to
imprisonment for 6 months or to a fine of $50" and inserting the
following penalty clause at the end of the section --
" Penalty: $6 000. ".
5 (6) Section 106 is amended by deleting ", and is liable to
imprisonment for 6 months" and inserting the following penalty
clause at the end of the section --
" Penalty: $6 000. ".
(7) Section 108 is amended by deleting ", and is liable to
10 imprisonment for 6 months" and inserting the following penalty
clause instead --
" Penalty: $6 000. ".
(8) Section 110 is amended by deleting ", and is liable to
imprisonment for 6 months" and inserting the following penalty
15 clause at the end of the section --
" Penalty: $6 000. ".
(9) Section 111 is amended by deleting ", and is liable to
imprisonment for 6 months" and inserting the following penalty
clause at the end of the section --
20 " Penalty: $6 000. ".
(10) Section 151 is amended by deleting the summary conviction
penalty clause and inserting the following penalty clause
instead --
" Summary conviction penalty: $2 000. ".
25 (11) Section 208 is amended by deleting "; or he may be summarily
convicted, in which case he is liable to imprisonment for
6 months" and inserting the following penalty clause instead --
" Summary conviction penalty: $6 000. ".
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(12) Sections 426(4), 426A(3) and 429 are each amended by deleting
"imprisonment for 6 months or to".
(13) Section 430 is amended by deleting "imprisonment for 6 months
or to a fine of $500" and inserting instead --
5 " a fine of $6 000 ".
(14) Section 431 is amended by deleting "imprisonment for 6 months
or to a fine of $500" and inserting instead --
" a fine of $6 000 ".
(15) Section 434 is amended by deleting "imprisonment for
10 6 months, or to a fine of an amount equal to the value of the
thing so found, and $40 in addition" and inserting instead --
" a fine of $6 000 plus the value of the thing found ".
(16) Section 435 is amended by deleting "imprisonment for
6 months, or to a fine of an amount equal to the value of the
15 thing in question, and $40 in addition" and inserting instead --
" a fine of $6 000 plus the value of the thing in question ".
52. Criminal Investigation (Extra-Territorial Offences) Act 1987
amended
(1) The amendments in this section are to the Criminal
20 Investigation (Extra-Territorial Offences) Act 1987*.
[* Act No. 67 of 1987.]
(2) Section 6 is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $2 000. ".
page 50
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s. 53
53. Curriculum Council Act 1997 amended
(1) The amendments in this section are to the Curriculum Council
Act 1997*.
[* Act No. 17 of 1997.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 91.]
(2) Schedule 1 clause 16(1) is amended by deleting the penalty
clause and inserting the following penalty clause instead --
" Penalty: $1 000. ".
10 54. Dangerous Goods (Transport) Act 1998 amended
(1) The amendments in this section are to the Dangerous Goods
(Transport) Act 1998*.
[* Act No. 50 of 1998.]
(2) Sections 19 and 29(6) are each amended by deleting the penalty
15 clause and inserting the following penalty clause instead --
" Penalty: $10 000. ".
55. Debt Collectors Licensing Act 1964 amended
(1) The amendments in this section are to the Debt Collectors
Licensing Act 1964*.
20 [* Reprinted as approved 2 February 1972.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 96.]
(2) Section 5(2) is amended by deleting "against this Act and is
liable, in the case of a corporation, to a penalty of four hundred
25 dollars and, in the case of a natural person, to a penalty of two
page 51
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s. 56
hundred dollars or six months imprisonment" and inserting the
following penalty clause at the end of the subsection --
"
Penalty: For an individual, $200.
5 For a body corporate, $400.
".
56. Electoral Act 1907 amended
(1) The amendments in this section are to the Electoral Act 1907*.
[* Reprinted as at 15 December 2000.
10 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 111.]
(2) Section 77(4) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $200. ".
15 (3) Section 188(2) is amended by deleting ", or by imprisonment
not exceeding 6 months".
(4) The Table to section 190 is amended as follows:
(a) by deleting "Imprisonment not exceeding 6 months." in
the first, second and third places where it occurs and
20 inserting instead --
" Penalty not exceeding $6 000. ";
(b) by deleting "6 months" in the fourth place where it
occurs and inserting instead --
" 9 months ".
25 (5) Section 191A is amended as follows:
(a) after subsection (1) by inserting the following penalty
clause --
" Penalty: $1 000. ";
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s. 57
(b) after subsection (2) by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
(6) Section 199A(1) is amended by deleting the penalty clause and
5 inserting the following penalty clause instead --
" Penalty: $1 000. ".
57. Electricity Corporation Act 1994 amended
(1) The amendments in this section are to the Electricity
Corporation Act 1994*.
10 [* Reprinted as at 4 January 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 113.]
(2) Schedule 2 clause 12(1) is amended by deleting the penalty
clause and inserting the following penalty clause instead --
15 " Penalty: $6 000. ".
58. Energy Operators (Powers) Act 1979 amended
(1) The amendments in this section are to the Energy Operators
(Powers) Act 1979*.
[* Reprinted as at 15 September 2000.
20 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 115-6.]
(2) Section 67(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $2 000 and imprisonment for 9 months. ".
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59. Explosives and Dangerous Goods Act 1961 amended
(1) The amendments in this section are to the Explosives and
Dangerous Goods Act 1961*.
[* Reprinted as at 25 February 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 123.]
(2) Section 54A(6) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $50 000. ".
10 60. Family Court Act 1997 amended
(1) The amendment in this section is to the Family Court
Act 1997*.
[* Act No. 40 of 1997.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 124 and Act No. 3 of 2002.]
(2) Section 243(6) is amended in paragraph (b) of the penalty
clause by deleting "and imprisonment for 6 months".
61. Fire Brigades Act 1942 amended
(1) The amendments in this section are to the Fire Brigades
20 Act 1942*.
[* Reprinted as at 18 February 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 138 and Gazette
28 March 2002.]
25 (2) Section 33A(12) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
"
Penalty: $50 000.
Daily penalty: $1 000.
30 ".
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s. 62
(3) Section 59 is amended by deleting "or to be imprisoned for any
period not exceeding 6 months".
62. Firearms Act 1973 amended
(1) The amendments in this section are to the Firearms Act 1973*.
5 [* Reprinted as at 11 August 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 139.]
(2) Section 19(1) and (2) are each amended in the penalty clause by
deleting "6 months or a fine of $2 000" and inserting instead --
10 " 12 months or a fine of $4 000 ".
(3) Section 23(5)(e) is amended by deleting "6 months or a fine of
$2 000" and inserting instead --
" 12 months or a fine of $4 000 ".
63. Fish Resources Management Act 1994 amended
15 (1) The amendments in this section are to the Fish Resources
Management Act 1994*.
[* Reprinted as at 28 April 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 141, and Act No. 2 of 2002.]
20 (2) Section 49 is amended by deleting the penalty clause and
inserting the following penalty clause instead --
"
Penalty: In the case of an individual, $25 000.
In the case of a body corporate, $50 000.
25 ".
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(3) Section 170(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
"
Penalty: In the case of an individual, $25 000 and
5 imprisonment for 12 months.
In the case of a body corporate, $50 000.
".
(4) Section 171(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
10 "
Penalty: In the case of an individual, $10 000.
In the case of a body corporate, $20 000.
".
(5) Sections 172 and 176 are each amended by deleting the penalty
15 clause and inserting the following penalty clause instead --
"
Penalty: In the case of an individual, $25 000 and
imprisonment for 12 months.
In the case of a body corporate, $50 000.
20 ".
(6) Section 196(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
"
Penalty: In the case of an individual, $10 000.
25 In the case of a body corporate, $20 000.
".
(7) Section 225(4) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $20 000 and imprisonment for 12 months. ".
page 56
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s. 64
64. Freedom of Information Act 1992 amended
(1) The amendments in this section are to the Freedom of
Information Act 1992*.
[* Reprinted as at 3 March 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 144.]
(2) Section 82(2) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $6 000. ".
10 (3) Sections 83 and 109 are each amended in the penalty clause by
deleting paragraph (a) and inserting the following paragraph
instead --
" (a) for an individual, $6 000; ".
(4) Section 110 is amended by deleting the penalty clause and
15 inserting the following penalty clause instead --
" Penalty: $6 000. ".
65. Fuel, Energy and Power Resources Act 1972 amended
(1) The amendments in this section are to the Fuel, Energy and
Power Resources Act 1972*.
20 [* Reprinted as at 13 July 2001.]
(2) Section 49(3)(a) is deleted and the following paragraph is
inserted instead --
" (a) in the case of an individual, a fine of $10 000; ".
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66. Gaming Commission Act 1987 amended
(1) The amendments in this section are to the Gaming Commission
Act 1987*.
[* Reprinted as at 30 October 1998.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 147.]
(2) Section 20(3) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $2 500. ".
10 (3) Section 35 is repealed and the following section is inserted
instead --
"
35. General penalty
The penalty for an offence under this Act for which no
15 penalty is specifically provided is a fine of $1 000.
".
(4) Sections 42(4), 45(3) and (4) and 58(4) are each amended by
deleting the penalty clause and inserting the following penalty
clause instead --
20 " Penalty: $2 500. ".
67. Gender Reassignment Act 2000 amended
(1) The amendments in this section are to the Gender Reassignment
Act 2000*.
[* Act No. 2 of 2000.]
25 (2) Sections 22(2) and 23 are each amended by deleting the penalty
clause and inserting the following penalty clause instead --
" Penalty: $2 000. ".
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s. 68
68. Government Railways Act 1904 amended
(1) The amendments in this section are to the Government Railways
Act 1904*.
[* Reprinted as at 7 September 2001.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 154 and Act No. 7 of 2002.]
(2) Section 34(1) is amended by deleting "to imprisonment for any
term not exceeding 6 months, or".
(3) Sections 45 and 51(2) are each amended by deleting "to
10 imprisonment for any period not exceeding 6 months, or".
69. Growers Charge Act 1940 amended
(1) The amendments in this section are to the Growers Charge
Act 1940*.
[* Act No. 54 of 1940.
15 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 156.]
(2) Section 6 is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
20 70. Guardianship and Administration Act 1990 amended
(1) The amendments in this section are to the Guardianship and
Administration Act 1990*.
[* Reprinted as at 21 April 1997.
For subsequent amendments see 2001 Index to Legislation of
25 Western Australia, Table 1, p. 156-7 and Act No. 3 of 2002.]
(2) Section 49(4) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
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(3) Section 112(3) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $2 000 or imprisonment for 9 months. ".
(4) Section 113(1) is amended by deleting the penalty clause and
5 inserting the following penalty clause instead --
" Penalty: $5 000. ".
(5) Schedule 1 Part B clauses 7(3), 8(3), 10 and 11(4) are each
amended by deleting the penalty clause and inserting the
following penalty clause instead --
10 " Penalty: $5 000 or imprisonment for 9 months. ".
(6) Schedule 1 Part B clause 12(6) is amended by deleting
paragraphs (a) and (b) and inserting the following paragraphs
instead --
"
15 (a) in the case of a body corporate, to a fine of $10 000;
or
(b) in the case of an individual, to a fine of $2 500.
".
71. Health Act 1911 amended
20 (1) The amendments in this section are to the Health Act 1911*.
[* Reprinted as at 31 March 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 163.]
(2) Section 360(1) is amended as follows:
25 (a) in paragraph (e)(i) by deleting "or imprisonment for a
period of 4 months";
(b) in paragraph (f)(i) by deleting "or imprisonment for a
period of 6 months".
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s. 72
72. Housing Societies Act 1976 amended
(1) The amendments in this section are to the Housing Societies
Act 1976*.
[* Reprinted as at 9 November 2001.]
5 (2) Section 29D(9) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
(3) Section 79(a) is amended by deleting "or imprisonment for
6 months".
10 73. Juries Act 1957 amended
(1) The amendments in this section are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 188.]
15 (2) Sections 56B(1), 56C(1) and 56D(1) are each amended by
deleting the penalty clause and inserting the following penalty
clause instead --
" Penalty: $5 000. ".
74. Justices Act 1902 amended
20 (1) The amendments in this section are to the Justices Act 1902*.
[* Reprinted as at 8 October 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 192.]
(2) Section 57(3) is amended by deleting "imprisonment not
25 exceeding 6 months" and inserting instead --
" a fine of $6 000 ".
page 61
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75. Land Drainage Act 1925 amended
(1) The amendments in this section are to the Land Drainage
Act 1925*.
[* Reprinted as at 15 July 1996.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 198.]
(2) Section 155 is amended by deleting ", and shall be liable to a
penalty not exceeding $2 000 and to be imprisoned for any
period not exceeding six months" and inserting the following
10 penalty clause at the end of the section --
" Penalty: $2 000. ".
76. Local Courts Act 1904 amended
(1) The amendments in this section are to the Local Courts
Act 1904*.
15 [* Reprinted as at 12 January 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 214.]
(2) Section 44(2) is amended by deleting "imprisonment for any
period not exceeding 6 months" and inserting instead --
20 " a fine of $6 000 ".
77. Local Government (Miscellaneous Provisions) Act 1960
amended
(1) The amendments in this section are to the Local Government
(Miscellaneous Provisions) Act 1960*.
25 [* Reprinted as at 28 July 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 221.]
(2) Section 474(7) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
30 " Penalty: $200. ".
page 62
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s. 78
(3) Section 482(3) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $400. ".
78. Maritime Archaeology Act 1973 amended
5 (1) The amendments in this section are to the Maritime
Archaeology Act 1973*.
[* Act No. 66 of 1973.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 226.]
10 (2) Section 9(6) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
79. Medical Act 1894 amended
(1) The amendments in this section are to the Medical Act 1894*.
15 [* Reprinted as at 25 February 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 230.]
(2) Section 16A(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
20 "
Penalty: For a first offence, $500.
For a subsequent offence, $1 000.
".
(3) Section 19 is amended by deleting the penalty clause and
25 inserting the following penalty clause instead --
"
Penalty: For a first offence, $1 000.
For a subsequent offence, $5 000.
".
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s. 80
(4) Section 21A(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
80. Mental Health Act 1996 amended
5 (1) The amendments in this section are to the Mental Health
Act 1996*.
[* Act No. 68 of 1996.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 231.]
10 (2) Section 206(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $2 000. ".
(3) Schedule 2 clauses 13(5) and 16 are each amended by deleting
"or imprisonment for 6 months".
15 81. Nuclear Activities Regulation Act 1978 amended
(1) The amendments in this section are to the Nuclear Activities
Regulation Act 1978*.
[* Act No. 104 of 1978.
For subsequent amendments see 2001 Index to Legislation of
20 Western Australia, Table 1, p. 259.]
(2) Section 9(7) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
82. Optometrists Act 1940 amended
25 (1) The amendments in this section are to the Optometrists
Act 1940*.
[* Reprinted as approved 8 May 1980.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 263.]
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Amendments about short sentences Part 5
s. 83
(2) Section 42 is amended by deleting "Penalty: One hundred
dollars, or imprisonment for six months." and inserting the
following penalty clause instead --
" Penalty: $100. ".
5 83. Plant Diseases Act 1914 amended
(1) The amendment in this section is to the Plant Diseases
Act 1914*.
[* Reprinted as at 21 December 2001.]
(2) Section 34(1)(a)(ii) is amended by deleting "or imprisonment
10 for a period of 6 months or both".
84. Poisons Act 1964 amended
(1) The amendment in this section is to the Poisons Act 1964*.
[* Reprinted as at 22 January 1999.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 290.]
(2) Section 49(2) is amended by deleting "or to imprisonment for a
term not exceeding 6 months".
85. Police Act 1892 amended
(1) The amendments in this section are to the Police Act 1892*.
20 [* Reprinted as at 12 January 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 294 and Act No. 6 of 2002.]
(2) Section 15 is amended as follows:
(a) by deleting "$500" and inserting instead --
25 " $4 000 ";
(b) by deleting "6 months" and inserting instead --
" 12 months ".
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s. 85
(3) Section 16(1) is amended as follows:
(a) by deleting "$500" and inserting instead --
" $4 000 ";
(b) by deleting "6 months" and inserting instead --
5 " 12 months ".
(4) Section 16A(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $2 500. ".
(5) Section 20 is amended by deleting "6 months" and inserting
10 instead --
" 9 months ".
(6) Section 31 is amended by deleting "$500, or imprisonment for a
term not exceeding 6 months, or both" and inserting instead --
" $2 500 ".
15 (7) Section 41(1) and (7) are each amended as follows:
(a) by deleting "$500" and inserting instead --
" $4 000 ";
(b) by deleting "6 months" and inserting instead --
" 12 months ".
20 (8) Section 54 is amended by deleting "$500 for every such
offence, or to imprisonment for any term not exceeding
6 calendar months, or to both fine and imprisonment" and
inserting instead --
" $2 500 ".
25 (9) Section 54A(3) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $2 500. ".
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Amendments about short sentences Part 5
s. 85
(10) Section 58A is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $4 000 and imprisonment for 12 months. ".
(11) Section 59 is amended by deleting "$300, or may be committed
5 to gaol for any period not exceeding 6 calendar months" and
inserting instead --
" $2 500 ".
(12) Section 64A(1) is amended by deleting paragraphs (c) and (d)
and "conviction --" before them and inserting instead --
10 "
conviction to a fine of $4 000 or imprisonment for
12 months,
".
(13) Section 65 is amended by deleting "$500 or to imprisonment for
15 any term not exceeding 6 calendar months" and inserting
instead --
" $2 500 ".
(14) Section 66 is amended by deleting "$1 000" and inserting
instead --
20 " $4 000 ".
(15) Section 67 is amended by deleting "$1 500" and inserting
instead --
" $6 000 ".
(16) Section 67A is amended as follows:
25 (a) by deleting "$500" and inserting instead --
" $1 000 ";
(b) by deleting "6 months" and inserting instead --
" 9 months ".
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s. 85
(17) Section 76F(3)(a) is amended by deleting ", or imprisonment
not exceeding 6 months".
(18) Section 80(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
5 "
Penalty: Subject to section 80A, $4 000 and
imprisonment for 12 months.
".
(19) Section 82B(1) and (3) are each amended by deleting the
10 penalty clause and inserting the following penalty clause
instead --
" Penalty: $2 500. ".
(20) Section 90A(5) is amended as follows:
(a) by deleting "$500" and inserting instead --
15 " $4 000 ";
(b) by deleting "6 months" and inserting instead --
" 12 months ".
(21) Section 97 is amended by deleting "$500 or to imprisonment for
a term not exceeding 6 months" and inserting instead --
20 " $ 4 000 ".
(22) Section 107 is amended by deleting "or be liable to
imprisonment for a term not exceeding 6 months".
(23) Section 124 is amended by deleting "$300 or to be imprisoned
for any term not exceeding 6 calendar months in any gaol of the
25 said State" and inserting instead --
" $2 500 ".
(24) Section 125 is amended by deleting ", or imprisonment for a
term not exceeding 6 months".
(25) Section 128 is amended by deleting ", or to order that the
30 informer be imprisoned for a term not exceeding 6 months".
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Amendments about short sentences Part 5
s. 86
86. Prisons Act 1981 amended
(1) The amendments in this section are to the Prisons Act 1981*.
[* Reprinted as at 22 December 2000.]
(2) Section 49(2) is amended by deleting the penalty clause and
5 inserting the following penalty clause instead --
" Penalty: $1 000. ".
87. Prostitution Act 2000 amended
(1) The amendments in this section are to the Prostitution
Act 2000*.
10 [* Act No. 17 of 2000.]
(2) Section 12 is amended by deleting the penalty clause and
inserting the following penalty clause instead --
"
Penalty: For a first offence, $6 000.
15 For a subsequent offence, imprisonment for
one year.
".
(3) Section 15 is amended in the penalty clause by deleting
"6 months" and inserting instead --
20 " 9 months ".
(4) Section 19(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $6 000. ".
88. Real Estate and Business Agents Act 1978 amended
25 (1) The amendments in this section are to the Real Estate and
Business Agents Act 1978*.
[* Reprinted as at 9 March 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 317.]
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Part 5 Amendments about short sentences
s. 89
(2) Section 64(1) and (2) are each amended by deleting the penalty
clause and inserting the following penalty clause instead --
" Penalty: $5 000. ".
89. Referendums Act 1983 amended
5 (1) The amendments in this section are to the Referendums
Act 1983*.
[* Reprinted as at 21 January 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 319.]
10 (2) Section 45(1) is amended by deleting ", and shall be liable to a
penalty not exceeding $200 or imprisonment for 6 months" and
inserting the following penalty clause at the end of the
subsection --
" Penalty: $200. ".
15 (3) Section 48(2) and (3) are each amended by deleting "and shall
be liable to a penalty not exceeding $200 or imprisonment for
6 months" and inserting the following penalty clause at the end
of the subsection --
" Penalty: $200. ".
20 90. Restraining Orders Act 1997 amended
(1) The amendments in this section are to the Restraining Orders
Act 1997*.
[* Reprinted as at 6 October 2000.]
(2) Section 61(1) is amended in paragraph (a) of the penalty clause
25 by deleting "6 months" and inserting instead --
" 9 months ".
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Amendments about short sentences Part 5
s. 91
(3) Section 71(3) is amended in the penalty clause by deleting
"6 months" and inserting instead --
" 9 months ".
91. Rights in Water and Irrigation Act 1914 amended
5 (1) The amendments in this section are to the Rights in Water and
Irrigation Act 1914*.
[* Reprinted as at 10 January 2001.]
(2) Section 71 is amended by deleting "and shall be liable to a
penalty not exceeding $10 000 and to be imprisoned for any
10 period not exceeding 6 months" and inserting the following
penalty clause at the end of the section --
" Penalty: $10 000. ".
92. Road Traffic Act 1974 amended
(1) The amendments in this section are to the Road Traffic
15 Act 1974*.
[* Reprinted as at 19 October 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 329-30 and Acts Nos. 4, 5 and
7 of 2002 and Gazette 17 May 2002 p. 2558-60.]
20 (2) Sections 59A(3)(a), 60(3)(a) and (b), 61(3)(b), 63(2)(b) and
(67)(3)(b) are each amended by deleting "for 6 months" and
inserting instead --
" for 9 months ".
(3) Section 90 is amended in the penalty clause by deleting "or
25 imprisonment for 6 months".
93. Rottnest Island Authority Act 1987 amended
(1) The amendments in this section are to the Rottnest Island
Authority Act 1987*.
[* Reprinted as at 4 January 2000.]
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Part 5 Amendments about short sentences
s. 94
(2) Section 32 is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
94. School Education Act 1999 amended
5 (1) The amendments in this section are to the School Education
Act 1999*.
[* Act No. 36 of 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 337.]
10 (2) Sections 15, 35, 120(2), 240(3) and 242(1) are each amended by
deleting the penalty clause and inserting the following penalty
clause instead --
" Penalty: $5 000. ".
95. Stock Diseases (Regulations) Act 1968 amended
15 (1) The amendments in this section are to the Stock Diseases
(Regulations) Act 1968*.
[* Reprinted as at 12 November 1999.]
(2) Section 16(3) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
20 " Penalty: $2 000. ".
96. Street Collections (Regulation) Act 1940 amended
(1) The amendments in this section are to the Street Collections
(Regulation) Act 1940*.
[* Act No. 55 of 1940.]
25 (2) Section 8 is amended by deleting "and liable on summary
conviction to imprisonment for a term not exceeding six months
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Sentencing Legislation Amendment and Repeal Bill 2002
Amendments about short sentences Part 5
s. 97
or to a fine not exceeding fifty pounds" and inserting instead the
following penalty clause at the end of the section --
" Penalty: On summary conviction, $2 000. ".
97. Sunday Entertainments Act 1979 amended
5 (1) The amendments in this section are to the Sunday
Entertainments Act 1979*.
[* Act No. 17 of 1979.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 364.]
10 (2) Section 3(1) is amended by deleting "and liable, on summary
conviction, to a penalty not exceeding five hundred dollars or to
imprisonment for a term not exceeding six months" and
inserting the following penalty clause at the end of the
subsection --
15 " Penalty: On summary conviction, $500. ".
98. Swan River Trust Act 1988 amended
(1) The amendments in this section are to the Swan River Trust
Act 1988*.
[* Reprinted as at 1 December 2000.]
20 (2) Section 64(6) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $1 000. ".
99. Transport Co-ordination Act 1966 amended
(1) The amendments in this section are to the Transport
25 Co-ordination Act 1966*.
[* Reprinted as at 11 May 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 387 and Act No. 7 of 2002.]
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Part 5 Amendments about short sentences
s. 100
(2) Section 49(3) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $400. ".
100. Travel Agents Act 1985 amended
5 (1) The amendments in this section are to the Travel Agents
Act 1985*.
[* Reprinted as at 22 April 1997.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 388.]
10 (2) Section 7(3) is amended in the penalty clause by deleting
"6 months' " and inserting instead --
" 9 months' ".
(3) Section 41(1) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
15 " Penalty: $1 000. ".
101. Unclaimed Money Act 1990 amended
(1) The amendments in this section are to the Unclaimed Money
Act 1990*.
[* Reprinted as at 5 November 1999.]
20 (2) Section 22(2) is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $2 500. ".
102. Water and Rivers Commission Act 1995 amended
(1) The amendments in this section are to the Water and Rivers
25 Commission Act 1995*.
[* Act No. 71 of 1995.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 401.]
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Amendments about short sentences Part 5
s. 103
(2) Schedule 1 clause 17(1) is amended by deleting the penalty
clause and inserting the following penalty clause instead --
" Penalty: $1 000. ".
103. Water Corporation Act 1995 amended
5 (1) The amendments in this section are to the Water Corporation
Act 1995*.
[* Reprinted as at 4 May 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 403.]
10 (2) Schedule 2 clause 12(1) is amended by deleting the penalty
clause and inserting the following penalty clause instead --
" Penalty: $1 000. ".
104. Young Offenders Act 1994 amended
(1) The amendments in this section are to the Young Offenders
15 Act 1994*.
[* Reprinted as at 8 December 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 423.]
(2) Section 118(2) is amended by deleting "3 months" and inserting
20 instead --
" 6 months ".
105. Zoological Parks Authority Act 2001 amended
(1) The amendments in this section are to the Zoological Parks
Authority Act 2001*.
25 [* Act No. 24 of 2001.]
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Sentencing Legislation Amendment and Repeal Bill 2002
Part 5 Amendments about short sentences
s. 106
(2) Section 31 is amended by deleting the penalty clause and
inserting the following penalty clause instead --
" Penalty: $5 000. ".
106. Power to amend subsidiary legislation
5 (1) The Governor, on the recommendation of the Minister, may
make regulations amending --
(a) regulations made by the Governor in the exercise of a
power conferred by an Act; or
(b) by-laws made by the council of a community under the
10 Aboriginal Communities Act 1979.
(2) Regulations made under subsection (1)(b) operate as if they
were by-laws made by the council of the community in
accordance with the Aboriginal Communities Act 1979.
(3) The Minister may make a recommendation under subsection (1)
15 only if the Minister considers that each amendment proposed to
be made by the regulations is consequential on --
(a) the enactment of section 86 of the Sentencing Act 1995;
or
(b) the amendment of section 86 of the Sentencing Act 1995
20 effected by section 33(3) of this Act.
(4) Regulations made under subsection (1) must be made within
6 months after the day on which section 33(3) commences.
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Sentencing Legislation Amendment and Repeal Bill 2002
Review Part 6
s. 107
Part 6 -- Review
107. 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 Part 2 Divisions 2
and 4 and section 33(3); and
(b) Part 3 of the Sentence Administration Act 2003,
as soon as practicable after the expiration of 4 years from the
10 day on which this Act receives the Royal Assent.
(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.
15
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Sentencing Legislation Amendment and Repeal Bill 2002
Schedule 1 Transitional provisions
Schedule 1 -- Transitional provisions
[s. 22 and 29(2)]
1. Interpretation
(1) In this Schedule --
5 "commencement" means the commencement of section 22;
"new provisions" means --
(a) the Sentencing Act 1995 as amended by the sentencing
amendments; and
(b) the Sentence Administration Act 2003;
10 "old provisions" means the Sentencing Act 1995, and the repealed
Act, as they would have applied had the sentencing amendments
not come into operation;
"repealed Act" means the Sentence Administration Act 1995;
"sentencing amendments" means the amendments to the Sentencing
15 Act 1995 effected by Part 2 Division 4 and the repeal of the
Sentence Administration Act 1995 effected by section 29(1).
(2) In this Schedule, words and expressions have the same meanings as
they have in the Sentencing Act 1995 and in particular, in Part 13 of
that Act.
20 2. Sentencing courts to take into account the effect of the sentencing
amendments
(1) If a court sentencing an offender to imprisonment proposes to impose
a fixed term (with or without a parole eligibility order), it must
impose a fixed term that is two thirds of the fixed term that it would
25 have imposed had the old provisions been in operation at the time of
sentencing.
(2) For the purposes of subclause (1) --
(a) it does not matter that the court may be proposing to suspend
the fixed term under Part 11 of the Sentencing Act 1995; and
30 (b) a reference to imposing a fixed term includes a reference to
dealing with an offender under section 80 of the Sentencing
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Transitional provisions Schedule 1
Act 1995 in respect of a sentence of suspended imprisonment
imposed under the old provisions.
(3) Despite subclause (1), if the sentence required by that subclause
would contravene section 86 of the Sentencing Act 1995, if the court
5 considers that a term of imprisonment is warranted in all the
circumstances, the court may impose a term of more than 6 months.
(4) A court does not have to apply this clause if, in sentencing an
offender, the court follows the practice of the court as established in
accordance with the new provisions and this clause.
10 (5) This clause 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;
(b) a guideline judgment given under section 143 of the
15 Sentencing Act 1995 since the new provisions commenced
applies to the offender or the offence for which the offender
is being sentenced;
(c) the application of this clause would be inconsistent with or
contrary to any other judgment given since the new
20 provisions commenced that binds the sentencing court;
(d) a court is imposing a term under section 401(4) of The
Criminal Code; or
(e) a court is sentencing an offender to a term that, under the old
provisions, would have been a prescribed term within the
25 meaning of section 85 of the Sentencing Act 1995.
3. 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 2003.
30 4. 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
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Sentencing Legislation Amendment and Repeal Bill 2002
Schedule 1 Transitional provisions
(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 Sentence Administration Act 2003 applies to and in
5 respect of the order; and
(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 76 of the Sentence Administration Act 2003.
5. Sentences of imprisonment imposed before commencement
10 (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.
(2) If immediately before commencement a person is subject to a parole
15 term to which the old provisions apply, then on and after
commencement --
(a) the old provisions apply for the purpose of calculating --
(i) when the person is eligible to be released on parole;
(ii) the parole period for the person; and
20 (iii) when the person is discharged from the sentence and
must be released;
(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
25 means of a parole order made under Part 3 of the Sentence
Administration Act 2003 and for 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
30 as the parole period;
and
(d) if the person is released on parole, the Sentence
Administration Act 2003 applies to and in respect of the
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Transitional provisions Schedule 1
person and the order except to the extent that paragraph (a) or
(c) provides otherwise.
(3) If immediately before commencement a person is in custody serving a
life term to which the old provisions apply, then on and after
5 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 the new
provisions apply in respect of that person.
(5) If immediately before commencement a person is detained in strict or
10 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 that person.
6. Early release orders made before commencement
If immediately before commencement a person is subject to a parole
15 order, a home detention order, or a work release order, made under the
repealed Act, then on and after commencement the repealed Act
continues to apply to and in respect of that order.
7. WROs
If immediately before commencement a person is subject to a
20 sentence of imprisonment to which the old provisions apply, then on
or after commencement --
(a) subject to Part 4 of the repealed Act, a work release order
may be made in respect of the person; and
(b) Parts 4, 6, 7 and 8 of the repealed Act continue to operate for
25 those purposes and in respect of any such order.
8. HDOs
If immediately before commencement a person is subject to a
sentence of imprisonment of less than 12 months to which the old
provisions apply, then on or after commencement --
30 (a) subject to Part 5 of the repealed Act, a home detention order
may be made in respect of the person; and
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Schedule 1 Transitional provisions
(b) Parts 5, 6, 7 and 8 of the repealed Act continue to operate for
those purposes and in respect of any such order.
9. Warrants in force at commencement
A warrant issued under the repealed Act and in force immediately
5 before commencement remains in force despite the repeal of the
repealed Act.
10. Community corrections centres
(1) If a place is a community corrections centre under section 84 of the
repealed Act immediately before commencement, then on and after
10 commencement the place continues as a community corrections centre
as if it had been declared by a notice under section 84(1) of the
Sentence Administration Act 2003.
(2) An order under section 84(1) of the repealed Act may be amended or
cancelled by the Minister.
15 11. 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 commencement
the rules are to be taken to be written instructions issued under
section 86 of the Sentence Administration Act 2003 until written
20 instructions are issued under that section.
(2) When written instructions are issued under section 86 of the Sentence
Administration Act 2003 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.
25 12. Parole Board's report
The Board's annual report made under section 112 of the Sentence
Administration Act 2003 must report on the operation of the repealed
Act to the extent that it continues to operate by virtue of this Schedule
and the Interpretation Act 1984.
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Sentencing Legislation Amendment and Repeal Bill 2002
Transitional provisions Schedule 1
13. Offenders serving imprisonment imposed before
4 November 1996
(1) In this clause --
"1995 Act" means the Sentencing (Consequential Provisions)
5 Act 1995.
(2) If immediately before commencement a person to whom section 82 of
the 1995 Act applies is in custody subject to the sentence referred to
in section 82, then on and after commencement section 82 continues
to apply but --
10 (a) the references to the Sentencing Act 1995 and the Sentence
Administration Act 1995 are to be read as references to those
Acts as they would have applied had the sentencing
amendments not come into operation; and
(b) clause 7 of this Schedule applies to the person.
15 (3) If immediately before commencement a person to whom section 83 of
the 1995 Act applies is in custody subject to the sentence referred to
in section 83, then on and after commencement section 83, other than
paragraphs (a) and (c), continues to apply but --
(a) any release of the person on parole in respect of the sentence
20 is to be by means of a parole order made under Part 3 of the
Sentence Administration Act 2003; and
(b) Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence
Administration Act 2003 apply to and in respect of the person
and the parole order.
25 (4) If immediately before commencement a person to whom section 84 of
the 1995 Act applies is in custody subject to the sentence referred to
in section 84, then on and after commencement section 84 continues
to apply but --
(a) the references to the Sentencing Act 1995 and the Sentence
30 Administration Act 1995 are to be read as references to those
Acts as they would have applied had the sentencing
amendments not come into operation; and
(b) clauses 5(2) and 7 of this Schedule apply to the person.
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Schedule 1 Transitional provisions
(5) If immediately before commencement a person to whom section 86 of
the 1995 Act applies is in custody subject to the sentence referred to
in section 86, then on and after commencement section 86, other than
paragraphs (a), (b) and (c), continues to apply but --
5 (a) any release of the person on parole in respect of the sentence
is to be by means of a parole order made by the Governor
under Part 3 of the Sentence Administration Act 2003;
(b) the parole period for the parole order is that provided by
section 25(3) of the Sentence Administration Act 2003; and
10 (c) Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence
Administration Act 2003 apply to and in respect of the person
and the parole order.
(6) If immediately before commencement a person to whom section 87 of
the 1995 Act applies is in custody subject to the sentence referred to
15 in section 87, then on and after commencement section 87, other than
paragraphs (a), (b) and (c), continues to apply but --
(a) any release of the person on parole in respect of the sentence
is to be by means of a parole order made by the Governor
under Part 3 of the Sentence Administration Act 2003;
20 (b) the parole period for the parole order is that provided by
section 26(3) of the Sentence Administration Act 2003; and
(c) Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence
Administration Act 2003 apply to and in respect of the person
and the parole order.
25 (7) If immediately before commencement a person to whom section 88(1)
of the 1995 Act applies is in custody subject to the order referred to in
section 88(1), then on and after commencement section 88(1)
continues to apply but the reference to the Sentence Administration
Act 1995 is to be read as a reference to the Sentence Administration
30 Act 2003.
(8) If immediately before commencement a person to whom section 90(1)
of the 1995 Act applies is in custody subject to the order referred to in
section 90(1), then on and after commencement section 90 continues
to apply but the reference to the Sentence Administration Act 1995 is
35 to be read as a reference to the Sentence Administration Act 2003.
page 84
Sentencing Legislation Amendment and Repeal Bill 2002
Transitional provisions Schedule 1
(9) If immediately before commencement a person to whom section 91(1)
of the 1995 Act applies is in custody subject to the direction or
sentence referred to in section 91(1), then on and after
commencement section 91, other than paragraphs (a), (b) and (c) of
5 section 91(1), continues to apply but --
(a) any release of the person on parole in respect of the sentence
is to be by means of a parole order made by the Governor
under Part 3 of the Sentence Administration Act 2003;
(b) the parole period for the parole order is that provided by
10 section 27(3) of the Sentence Administration Act 2003; and
(c) Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence
Administration Act 2003 apply to and in respect of the person
and the parole order.
14. Transitional regulations
15 (1) If there is no sufficient provision in this Schedule 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;
(e) the application of the Sentence Administration Act 1995 or
the Sentence Administration Act 2003 to orders made under
30 the old provisions or under the Fines, Penalties and
Infringement Notices Enforcement Act 1994,
the Governor may make regulations prescribing all matters that are
required, necessary or convenient to be prescribed in relation to those
matters.
page 85
Sentencing Legislation Amendment and Repeal Bill 2002
Schedule 1 Transitional provisions
(2) Regulations made under subclause (1) may provide that specific
provisions of this Schedule, or of the old provisions, or of the new
provisions --
(a) do not apply; or
5 (b) apply with specific modifications,
to or in relation to any matter.
(3) Regulations made under subclause (1) must be made within
12 months after commencement.
(4) The Governor may make any regulations that are necessary or
10 convenient for preventing any doubt or difficulty arising as to the
application or operation of clause 2 or for resolving any doubt or
difficulty that may have arisen in that regard.
(5) If regulations made under subclause (1) or (4) provide that a specified
state of affairs is to be taken to have existed, or not to have existed, on
15 and from a day that is earlier than the day on which the regulations are
published in the Gazette but not earlier than commencement, the
regulations have effect according to their terms.
(6) In subclause (5) --
"specified" means specified or described in the regulations.
20 (7) If regulations contain a provision referred to in subclause (5), 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 publication of those regulations; or
25 (b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the date of publication of those regulations.
page 86
Sentencing Legislation Amendment and Repeal Bill 2002
Consequential amendments Schedule 2
Schedule 2 -- Consequential amendments
[s. 29(3)]
1. 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 2003 ".
s. 3(1) Delete the definition of "early release order" and insert
instead --
"
"early release order" means an early release
order made under the Sentence
Administration Act 1995 or Sentence
Administration Act 2003;
".
s. 50K Delete "section 117 of the Sentence Administration Act 1995"
and insert instead --
" section 118 of the Sentence Administration Act 2003 ".
2. 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 2003 ".
5 3. 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 103(1)(a) of the Sentence
Administration Act 2003
".
page 87
Sentencing Legislation Amendment and Repeal Bill 2002
Schedule 2 Consequential amendments
s. 42(1)(b) Delete "section 103(1)(b) of the Sentence Administration
Act 1995" and insert instead --
"
section 103(1)(b) of the Sentence
Administration Act 2003
".
s. 42(6) Delete "Sentence Administration Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
s. 43 Delete "section 104 of the Sentence Administration Act 1995"
and insert instead --
" section 104 of the Sentence Administration Act 2003 ".
4. 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 2003 ".
s. 49(a) Delete the paragraph and "and" after it and insert instead --
"
(a) section 76 of the Sentence
Administration Act 2003; and
".
s. 50(3)(c) Delete "Sentence Administration Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
5. Juries Act 1957
Second In clause 2(m) delete "Sentence Administration Act 1995" and
Schedule insert instead --
Part I
" Sentence Administration Act 2003 ".
page 88
Sentencing Legislation Amendment and Repeal Bill 2002
Consequential amendments Schedule 2
6. 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 2003 ".
s. 9(8)(a) Delete "section 37 of the Sentence Administration Act 1995" and
insert instead --
" section 44 of the Sentence Administration Act 2003 ".
s. 9(8)(b) Delete "section 70 of the Sentence Administration Act 1995" and
insert instead --
" section 67 of the Sentence Administration Act 2003 ".
7. 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 2003 ".
s. 4(2) Delete "Sentence Administration Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
s. 4(6) Delete "section 21 of the Sentence Administration Act 1995, "
and insert instead --
" section 20 of the Sentence Administration Act 2003, ".
8. Prisons Act 1981
s. 77(1) Delete paragraph (c).
s. 78(1) Delete paragraph (d).
s. 87(6) After "work release order" insert --
" or re-entry release order ".
s. 92(6)(b) Delete "Sentence Administration Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
page 89
Sentencing Legislation Amendment and Repeal Bill 2002
Schedule 2 Consequential amendments
9. 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 2003 ".
s. 23(3) Delete "a home detention order or a work release order under the
Sentence Administration Act 1995" and insert instead --
"
a re-entry release order made under the
Sentence Administration Act 2003
".
s. 63(d) Delete "section 76 of the Sentence Administration Act 1995" and
insert instead --
" section 76 of the Sentence Administration Act 2003 ".
s. 67(2)(c) Delete "Sentence Administration Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
s. 70(d) Delete "section 76 of the Sentence Administration Act 1995" and
insert instead --
" section 76 of the Sentence Administration Act 2003 ".
s. 74(2)(c) Delete "Sentence Administration Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
s. 96(4) Delete "Sentence Administration Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
s. 97 Delete "Sentence Administration Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
s. 101 Delete "Sentence Administration Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
s. 141(5) Delete "Sentence Administration Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
page 90
Sentencing Legislation Amendment and Repeal Bill 2002
Consequential amendments Schedule 2
10. Spent Convictions Act 1988
s. 30(a) Delete the paragraph and "or" after it and insert instead --
"
(a) section 67 of the Sentence
Administration Act 2003;
(ab) section 70 of the Sentence
Administration Act 1995; or
".
Schedule 3 In the Table, in item 1, delete "Sentence Administration
clause 1 Act 1995" and insert instead --
" Sentence Administration Act 2003 ".
11. Young Offenders Act 1994
s. 50A(6) Delete "Sentence Administration Act 1995" and insert
instead --
" Sentence Administration Act 2003 ".
s. 50B(2) Delete "Sentence Administration Act 1995" and insert
instead --
" Sentence Administration Act 2003 ".
s. 118(5) Delete "Sentence Administration Act 1995" and insert
instead --
" Sentence Administration Act 2003 ".
page 91
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