Community Service Orders (Community Welfare) Amendment Act 1982 (NSW)

COMMUNITY SERVICE ORDERS (COMMUNITY WELFARE)

AMENDMENT ACT, 1982, No. 79

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ELIZABETHS H R E G I N J E

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Act No. 79, 1982.

An Act to amend section 4 of the Community Service Orders Act, 1979, consequent upon the enactment of the Community Welfare Act, 1982. [Assented to, 25th May, 1982.]

Act No. 79, 1982. 2

Community Service Orders (Community Welfare) Amendment.

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.     This Act may be cited as the "Community Service Orders (Community

Welfare) Amendment Act, 1982".

Commencement.

2.      (1) This section and section 1 shall commence on the date of assent

to this Act.

(2) Except as provided by subsection (1), this Act shall commence on the day appointed and notified under section 2 (2) of the Community Welfare Act, 1982.

Amendment of Act No. 192, 1979.

1. The Community Service Orders Act, 1979, is amended in the manner

set forth in Schedule 1.

SCHEDULE 1.

(Sec. 3.)

AMENDMENTS TO THE COMMUNITY SERVICE ORDERS ACT, 1979.

(1) Section 4 (1)—

Omit "Where a person of or over 18 years of age is before a court for sentencing after being convicted of an offence punishable by imprisonment, whether or not it is also punishable by a fine,", insert instead:—

Where a person—

(a) who has committed an offence punishable by imprisonment (whether or not it is also punishable by a fine); and

3   Act No. 79, 1982.

Community Service Orders (Community Welfare) Amendment.

SCHEDULE 1—continued.

AMENDMENTS TO THE COMMUNITY SERVICE ORDERS ACT,

1979—continued.

(b) who—

(i)   had attained the age of 18 years at the date of com- mission of the offence; or

(ii)   had not attained that age at that date but had attained the age of 21 years when he was charged with the offence,

is before a court for sentencing after being convicted of the offence,

(2) Section 4 (5 )—

After "section" where firstly occurring, insert ", as amended by Schedule 1 to the Community Service Orders (Community Welfare) Act, 1982,".

(3) Section 4 (5 )—

Omit "this section", insert instead "that Schedule".