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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Sentencing Legislation (Transitional Provisions)
Amendment Bill 2008
CONTENTS
1. Short title 2
2. Act amended 2
3. Schedule 1 clause 2 deleted 2
4. Schedule 1 clause 3A inserted 2
3A. Provisions relating to deletion of clause 2 2
5. Schedule 1 clause 14 deleted 3
020--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Sentencing Legislation (Transitional Provisions)
Amendment Bill 2008
A Bill for
An Act to amend the Sentencing Legislation Amendment and Repeal
Act 2003.
The Parliament of Western Australia enacts as follows:
page 1
Sentencing Legislation (Transitional Provisions) Amendment Bill 2008
s. 1
1. Short title
This is the Sentencing Legislation (Transitional Provisions)
Amendment Act 2008.
2. Act amended
5 This Act amends the Sentencing Legislation Amendment and
Repeal Act 2003.
3. Schedule 1 clause 2 deleted
Delete Schedule 1 clause 2.
4. Schedule 1 clause 3A inserted
10 Before Schedule 1 clause 3 insert:
3A. Provisions relating to deletion of clause 2
(1) In this clause --
clause 2 means clause 2 of this Schedule as in force
15 immediately before the relevant commencement;
minimum custodial period of a fixed term, is the amount of
the fixed term required to be served in custody before the
offender would be, or was or would have been, eligible or
entitled to be released, whether on parole or on being
20 discharged from the sentence;
relevant commencement means the commencement of the
Sentencing Legislation (Transitional Provisions)
Amendment Act 2008.
(2) After the relevant commencement, clause 2 does not apply
25 to the sentencing of an offender for an offence --
(a) even if the offence was committed before the
relevant commencement; and
(b) even if the offender was convicted before the
relevant commencement; and
page 2
Sentencing Legislation (Transitional Provisions) Amendment Bill 2008
s. 5
(c) even if the sentencing is as a result of an appeal
against a sentence imposed before the relevant
commencement,
despite any written or unwritten law to the contrary.
5 (3) A court sentencing an offender to a fixed term can have
regard to the minimum custodial period of the fixed term to
be imposed and the minimum custodial periods of fixed
terms imposed before the relevant commencement, whether
or not clause 2 applied to their imposition.
10 (4) This clause expires 3 years after the relevant
commencement.
5. Schedule 1 clause 14 deleted
Delete Schedule 1 clause 14.
15
page 3
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