Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Sentencing Act 1995 and
includes the amendments made by the other written laws referred to in the
following table 1M, 1a. The table also contains information about
any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
76 of 1995 |
16 Jan 1996 |
s. 1 and 2: 16 Jan
1996; |
|
|
Real Estate Legislation Amendment
Act 1995 Pt. 5 |
59 of 1995 |
20 Dec 1995 |
1 Jul 1996 (see s. 2 and Gazette
25 Jun 1996 p. 2902) |
|
Firearms Amendment Act 1996
s. 52 |
59 of 1996 |
11 Nov 1996 |
6 Dec 1996 (see s. 3(1) and Gazette
6 Dec 1996 p. 6699) |
|
Road Traffic Amendment Act 1996
s. 42 |
76 of 1996 |
14 Nov 1996 |
1 Feb 1997 (see s. 2 and Gazette
31 Jan 1997 p. 613) |
|
Restraining Orders Act 1997
s. 82 |
19 of 1997 |
28 Aug 1997 |
15 Sep 1997 (see s. 2 and Gazette
12 Sep 1997 p. 5149) |
|
Western Australian Greyhound Racing Association Amendment
Act 1998 s. 20 |
23 of 1998 |
30 Jun 1998 |
1 Aug 1998 (see s. 3 and Gazette
21 Jul 1998 p. 3825) |
|
Criminal Law Amendment Act (No. 2) 1998
Pt. 6 |
29 of 1998 |
6 Jul 1998 |
3 Aug 1998 |
|
Criminal Law Amendment Act (No. 1) 1998
Pt. 3 |
38 of 1998 |
25 Sep 1998 |
23 Oct 1998 |
|
Fire and Emergency Services Authority of Western
Australia (Consequential Provisions) Act 1998
s. 38 |
42 of 1998 |
4 Nov 1998 |
1 Jan 1999 (see s. 2 and Gazette
22 Dec 1998 p. 6833) |
|
Acts Amendment (Video and Audio Links) Act 1998
Pt. 5 |
48 of 1998 |
19 Nov 1998 |
18 Jan 1999 (see s. 2 and Gazette
15 Jan 1999 p. 109) |
|
53 of 1998 |
7 Dec 1998 |
1 Jul 1999 (see s. 2 and Gazette
30 Jun 1999 p. 2879) |
|
|
Port Authorities (Consequential Provisions)
Act 1999 s. 21 |
5 of 1999 |
13 Apr 1999 |
14 Aug 1999 (see s. 2 and Gazette
13 Aug 1999 p. 3823) |
|
Reprint of the Sentencing Act 1995 as at
16 Apr 1999 (includes amendments listed above except those in the
Botanic Gardens and Parks Authority Act 1998 and the Port
Authorities (Consequential Provisions) Act 1999) |
|||
|
Perth Parking Management (Consequential Provisions)
Act 1999 s. 7(5) |
16 of 1999 |
19 May 1999 |
7 Aug 1999 (see s. 2 and Gazette
6 Aug 1999 p. 3727) |
|
Sentencing Legislation Amendment and Repeal
Act 1999 s. 6(3), 27-33, 36, 37 and
39 6 |
57 of 1999 (amended by No. 62 of 2000 s.
4-6 13) |
16 Dec 1999 |
s. 37 and 39: 8 Apr 2000
(see s. 2(1) and Gazette 7 Apr 2000
p. 1813); |
|
Sentencing Amendment Regulations 2000 Pt. 3
published in Gazette 3 Mar 2000
p. 1013-15 |
3 Mar 2000 |
||
|
Acts Amendment (Fines Enforcement) Act 2000
Pt. 3 |
9 of 2000 |
19 May 2000 |
25 Aug 2000 (see s. 2 and Gazette
25 Aug 2000 p. 4903) |
|
Reprint of the Sentencing Act 1995 as at
4 May 2001 (includes amendments listed above except those in the
Sentencing Legislation Amendment and Repeal Act 1999 s. 6(3)
and 36) |
|||
|
Criminal Law Amendment Act 2001 Pt.
3 |
23 of 2001 |
26 Nov 2001 |
24 Dec 2001 |
|
24 of 2001 |
26 Nov 2001 |
22 May 2002 (see s. 2 and Gazette
10 May 2002 p. 2445) |
|
|
Machinery of Government (Planning and Infrastructure)
Amendment Act 2002 s. 64 |
7 of 2002 |
19 Jun 2002 |
1 Jul 2002 (see s. 2 and Gazette
28 Jun 2002 p. 3037) |
|
Racing and Gambling Legislation Amendment and Repeal
Act 2003 s. 221(4) 7 |
35 of 2003 |
26 Jun 2003 |
1 Aug 2003 (see s. 2 and Gazette
29 Jul 2003 p. 3259) |
|
Sentencing Legislation Amendment and Repeal
Act 2003 Pt. 2, s. 29(3) and 33 8a,
8 |
50 of 2003 (amended by No. 41 of 2006
s. 94 14, No. 5 of 2008 s. 109 16 and
No. 49 of 2008 s. 3, 4 and 5 17) |
9 Jul 2003 |
Pt. 2 Div. 1 and 3: 30 Aug 2003 (see
s. 2 and Gazette 29 Aug 2003
p. 3833); |
|
Reprint 3: The Sentencing Act 1995 as at
10 Oct 2003 (includes amendments listed above except those in the
Sentencing Legislation Amendment and Repeal Act 2003
s. 33) |
|||
|
77 of 2003 |
15 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
|
Criminal Code Amendment Act 2004
s. 58 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
8 of 2004 |
10 Jun 2004 |
15 Sep 2004 (see s. 2 and Gazette
3 Sep 2004 p. 3849) |
|
|
Criminal Law Amendment (Criminal Property)
Act 2004 Pt. 3 |
26 of 2004 |
7 Oct 2004 |
28 May 2008 (see s. 2(2) and Gazette
27 May 2008 p. 2037) |
|
Sentencing Legislation Amendment Act 2004
Pt. 2 Div. 1 9 |
27 of 2004 |
14 Oct 2004 |
31 May 2006 (see s. 2 and Gazette
30 May 2006 p. 1965) |
|
Pig, Potato and Poultry Industries (Compensation
Legislation) Repeal Act 2004 s. 18 |
40 of 2004 |
3 Nov 2004 |
1 Feb 2005 (see. s. 2 and Gazette
7 Jan 2005 p. 53) |
|
Workers’ Compensation Reform Act 2004
s. 169 and 174 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7131) |
|
Acts Amendment (Court of Appeal) Act 2004
s. 37 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Community Protection (Offender Reporting)
Act 2004 s. 116 |
72 of 2004 |
8 Dec 2004 |
25 Dec 2004 (see s. 2 and Gazette
24 Dec 2004 p. 6266) |
|
Architects Act 2004 s. 80 |
75 of 2004 |
8 Dec 2004 |
16 Nov 2005 (see s. 2 and Gazette
15 Nov 2005 p. 5597) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 Pt. 13 and
s. 82 10, 11 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 4: The Sentencing Act 1995 as at
12 Aug 2005 (includes amendments listed above except those in the
Criminal Law Amendment (Criminal Property) Act 2004, Sentencing
Legislation Amendment Act 2004 and the Architects
Act 2004) |
|||
|
Water Legislation Amendment (Competition Policy)
Act 2005 s. 53 |
25 of 2005 |
12 Dec 2005 |
3 Jun 2006 (see s. 2 and Gazette
2 Jun 2006 p. 1985) |
|
Parole and Sentencing Legislation Amendment
Act 2006 Pt. 3 |
41 of 2006 |
22 Sep 2006 |
s. 74 and 75: 22 Sep 2006 (see
s. 2(4)(b)); |
|
Prisons and Sentencing Legislation Amendment
Act 2006 Pt. 4 |
65 of 2006 |
8 Dec 2006 |
4 Apr 2007 (see s. 2 and Gazette
3 Apr 2007 p. 1491) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 5: The Sentencing Act 1995 as at
6 Jul 2007 (includes amendments listed above except those in the
Criminal Law Amendment (Criminal Property) Act 2004 and the
Parole and Sentencing Legislation Amendment Act 2006
s. 71) |
|||
|
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette
31 Jan 2008 p. 251) |
|
|
Criminal Law and Evidence Amendment Act 2008
s. 70 |
2 of 2008 |
12 Mar 2008 |
27 Apr 2008 (see s. 2 and Gazette
24 Apr 2008 p. 1559) |
|
Fines Legislation Amendment
Act 2008 Pt. 3 |
3 of 2008 |
12 Mar 2008 |
28 Mar 2008 (see s. 2(c) and Gazette
27 Mar 2008 p. 899) |
|
Acts Amendment (Justice) Act 2008
Pt. 20 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette
11 Jul 2008 p. 3253) |
|
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette
25 Nov 2008 p. 4989) |
|
|
Criminal Law Amendment (Homicide) Act 2008 Pt.
3 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette
22 Jul 2008 p. 3353) |
|
Reprint 6: The Sentencing Act 1995 as at
23 Jan 2009 (includes amendments listed above) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 115 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
1M Under the Cross-border Justice Act 2008 section 14, in
order to give effect to that Act, this Act must be applied with the
modifications prescribed by the Cross-border Justice Regulations 2009
Part 3 Division 6 as if this Act had been altered in that way. If a modification
is to replace or insert a numbered provision, the new provision is identified by
the superscript 1M appearing after the provision number. If a modification
is to replace or insert a definition, the new definition is identified by the
superscript 1M appearing after the defined term.
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007
s. 54 12 |
24 of 2007 |
12 Oct 2007 |
To be proclaimed (see s. 2(1)) |
2 The short title of the Passports Act 1938 was changed
to the Foreign Passports (Law Enforcement and Security) Act 2005 by the
Australian Passports (Transitionals and Consequentials) Act 2005 of the
Commonwealth. The provisions of the Passports Act 1938 dealing with
Australian passports were repealed and re-enacted as the Australian Passports
Act 2005 of the Commonwealth. Under the Interpretation Act 1984
s. 16(3), a reference to the Passport Acts 1938 of the Commonwealth
may be read as including a reference to the Australian Passports
Act 2005, and the Foreign Passports (Law Enforcement and Security)
Act 2005, of the Commonwealth.
3 The Colleges Act 1978 was repealed by the
Vocational Education and Training Act 1996.
4 The Fruit Growing Industry (Trust Fund) Act 1941
was repealed by the Fruit Growing Industry (Trust Fund) Repeal
Act 1996.
5 The Sentencing Act 1995 s. 19 and Pt. 12
did not come into operation and were repealed by the Criminal Law Amendment
Act (No. 2) 1998 s. 17 and 18.
6 The Sentencing Legislation Amendment and Repeal
Act 1999 Pt. 2 Div. 3 (s. 14-26) are transitional provisions.
They did not come into operation before the Act was repealed by the
Sentencing Legislation Amendment and Repeal Act 2003 (No. 50 of
2003) s. 31.
7 The Racing and Gambling Legislation Amendment and Repeal
Act 2003 s. 19 reads as follows:
“
19. Power to amend regulations
(1) The Governor, on the recommendation of the Minister, may make
regulations amending subsidiary legislation made under any Act.
(2) The Minister may make a recommendation under subsection (1) only
if the Minister considers that each amendment proposed to be made by the
regulations is necessary or desirable as a consequence of the enactment of the
RWWA Act or this Act.
(3) Nothing in this section prevents subsidiary legislation from being
amended in accordance with the Act under which it was made.
”.
8a The Sentencing Legislation Amendment and Repeal
Act 2003 Pt. 6 requires a review of certain provisions. It was
repealed by the Parole and Sentencing Legislation Amendment Act 2006 (No.
41 of 2006) s. 94 14.
8 The Sentencing Legislation Amendment and Repeal
Act 2003 s. 22 and 29(2), which give effect to Sch. 1
(amended by No. 5 of 2008 s. 109 16 and
No. 49 of 2008 s. 3-5 17, read as
follows:
“
22. Transitional provisions
Schedule 1 has effect in relation to the amendments effected by this
Division.
29. Sentence Administration Act 1995 repealed and
consequential amendments
(2) Schedule 1 has effect in relation to the repeal effected by
subsection (1).
”.
Schedule 1 reads as follows:
“
Schedule 1 — Transitional
provisions
[s. 22 and 29(2)]
1. Interpretation
(1) In this Schedule —
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;
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 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.
[2. Deleted by No. 49 of 2008 s. 3.]
3A. Provisions relating to deletion of
clause 2
(1) In this clause —
clause 2 means clause 2 of this Schedule as in
force 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 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 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
(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.
(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.
(4) A court sentencing an offender to a fixed term can impose a penalty up
to the statutory penalty for the offence.
(5) This clause expires 3 years after the relevant
commencement.
[Section 3A inserted by No. 49 of 2008 s. 4.]
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.
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
(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
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
(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
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
(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
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 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 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 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
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.
5A. Minister may discharge certain
prisoners from old parole terms
(1) In this clause —
discharge means a discharge given under
subclause (5);
Minister means the Minister administering Part 8 of the
Sentence Administration Act 2003;
old parole term means a parole term to which the old
provisions apply.
(2) This clause does not affect the operation of section 95(2) of the
Sentencing Act 1995 as it was before the sentencing
amendments.
(3) The Prisoners Review Board established under the Sentence
Administration Act 2003 may at any time give the Minister a report
recommending that a person who is subject to an old parole term and who has
served two thirds of the term be discharged from the term.
(4) Any such report must deal with the release considerations (as that
term is defined in section 5A of the Sentence Administration
Act 2003) relating to the person.
(5) If the Minister, after considering such a report, is
satisfied —
(a) that the person has served two thirds of the term; and
(b) after taking into account —
(i) the release considerations in the report relating to the person;
and
(ii) section 5B of the Sentence Administration
Act 2003,
that the person ought to be discharged from the term despite the old
provisions,
the Minister, in writing, may discharge the person from the
term.
(6) A discharge —
(a) has effect on the date of the discharge or on any later date specified
in it; and
(b) has effect despite the old provisions.
(7) If, on the date a discharge has effect in relation to a person who is
subject to an old parole term, the person is in custody, the person must be
released in respect of that term.
(8) If, on the date a discharge has effect in relation to a person who is
subject to an old parole term, the person is subject to a parole order made in
respect of that term, the person ceases to be subject to the parole order in so
far as it applies in respect of that term.
[Clause 5A inserted by No. 5 of 2008 s. 109.]
6. Early release orders made before commencement
If immediately before commencement a person is subject to a parole order,
a home detention order, or a work release order, made under the repealed Act,
then on and after commencement the repealed Act continues to apply to and in
respect of that order.
7. WROs
If immediately before commencement a person is subject to a 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 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 —
(a) subject to Part 5 of the repealed Act, a home detention order may
be made in respect of the person; and
(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 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 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.
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 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.
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.
13. Offenders serving imprisonment imposed before
4 November 1996
(1) In this clause —
1995 Act means the Sentencing (Consequential Provisions)
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 —
(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.
(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 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.
(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 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.
(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 —
(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
(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 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;
(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.
(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
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
to be read as a reference to the Sentence Administration
Act 2003.
(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
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
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. Deleted by No. 49 of 2008 s. 5.]
”.
9 The amendments in the Sentencing Legislation Amendment
Act 2004 s. 6(4) erroneously referred to “73(3) and
(5)” instead of “75(3) and (5)” when identifying the required
amendments to be made to s. 33N(3).
10 The Criminal Procedure and Appeals (Consequential and
Other Provisions) Act 2004 s. 59 which purported to replace
s. 84E could not be included because s. 84E was not in operation when
s. 59 came into operation. S. 59 was subsequently repealed by
No. 41 of 2006 s. 74(2) 15.
11 The amendments in the Criminal Procedure and Appeals
(Consequential and Other Provisions) Act 2004 s. 65 that purported to
amend s. 84P(3) could not be included because s. 84P(3) was not in
operation when s. 65 came into operation. Those amendments were
subsequently repealed by No. 41 of 2006 s. 75(2)
15.
12 On the date as at which this compilation was prepared, the
Biosecurity and Agriculture Management (Repeal and Consequential Provisions)
Act 2007 s. 54 had not come into operation. It reads as
follows:
“
54. Sentencing Act 1995 amended
(1) The amendment in this section is to the Sentencing
Act 1995.
(2) Schedule 1 is amended by deleting the item relating to the
Cattle Industry Compensation Act 1965.
”.
13 The Sentencing Amendment (Adjustment of Sentences) Act
2000 (No. 62 of 2000) s. 4-6 commenced on 7 Dec 2000 (see s. 2).
14 The Parole and Sentencing Legislation Amendment Act
2006 (No. 41 of 2006) s. 94 commenced on 28 Jan 2007 (see s. 2 and
Gazette 29 Dec 2006 p. 5867).
15 The Parole and Sentencing Legislation Amendment Act
2006 (No. 41 of 2006) s. 74(2) and 75(2) commenced on 22 Sep 2006
(see s. 2(4)(b)).
16 The Acts Amendment (Justice) Act 2008 (No. 5 of 2008)
s. 109 commenced on 30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008
p. 3253).
17 The Sentencing Legislation (Transitional Provisions)
Amendment Act 2008 (No. 49 of 2008) s. 3, 4 and 5 commenced on 14
Jan 2009.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
a third
party 118(1)
ammunition 106(5)
bail 4(1)
breach 4(1)
CBO 4(2)
CCO 4(2)
CEO
(corrections) 4(1)
community based order 4(1)
community corrections
centre 4(1)
community corrections officer 4(1)
community
order 4(1)
community work 4(1)
conditional release
order 4(1)
conditional suspended imprisonment 4(1)
criminal property
confiscation 8(6)
CRO 4(2)
CSI 4(2)
CSI requirement 84G
derived
property 8(6)
disqualification order 4(1)
DPP 4(2)
driver’s
licence 105(5)
early release order 76(4), 81(4)
excluded
offence 33A(1)
fine 57(1)
firearm 106(5)
firearms
offence 106(5)
fixed term 85(1)
full sentence 37A(1)(a)
imprisonable
offence 33A(1)
indefinite imprisonment 85(1)
intensive supervision
order 4(1)
ISO 4(2)
joint offenders 55(3)
marine
offence 107(5)
marine qualification 107(5)
motor vehicle 105(5)
motor
vehicle offence 105(5)
nominal
sentence 98(1)
offence 4(1)
offender 4(1), 79(1)(a), 84E(1)(a),
129(1)(a)
parole eligibility order 85(1)
parole order 85(1)
parole
term 85(1)
passport offence 108(6)
pending charge 31
period of
imprisonment 59(7)
prescribed term 85(1)
pre-sentence
order 4(1)
prisoner 85(1)
property 116
PSO 4(2)
reduced
sentence 37A(1)
release 85(1)
release order 89(8)
reparation
order 109
requirement 33L(1)
requirements 125(1)
sentence 37(5),
37A(5)
sentencing day 33B(1)(a)
speciality
court 4(1)
specified 33H(15), 75(15), 84C(15)
specified place 33H(2)(a),
75(2)(a), 84C(2)(a)
spent conviction order 4(1)
statutory
penalty 4(1)
superior court 4(1)
term 85(1)
the award 115(2)
the
original offence 32(1)
the speciality court 84N(2)
the third
party 120(1)(b)
the victim 120(1)
the term
imposed 35(1)
vessel 107(5)
victim 13, 116
video
link 14A(4)
WDO 57A(4)(b)
written reasons 33A(7), 35(4)