Crimes (Amendment) Act (No 3) 1997 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Crimes (Amendment) Act (No. 3) 1997

No. 86 of 1997

An Act to amend the Crimes Act 1900

[Notified in ACT Gazette S359: 21 November 1997]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Crimes (Amendment) Act (No. 3) 1997.

Commencement

2.   (1)  Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.

(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.

(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.

Principal Act

3.   In this Act, “Principal Act” means the Crimes Act 1900.1

Insertion

4.   After section 443 of the Principal Act the following section is inserted:

Sentences of imprisonment and uncompleted juvenile detention orders

“444. (1) In imposing a defined sentence on an adult who is, at the time of sentencing, the subject of a Children’s Services Act order, a court shall—

(a)in determining the duration of the defined sentence, take into account any remaining period during which the Children’s Services Act order would remain in force if not discharged under paragraph (b); and

(b)discharge the Children’s Services Act order accordingly.

“(2)  In this section—

‘adult’ means a person of the age of 18 years or over;

‘Children’s Services Act order’ means an order under paragraph 47 (1) (g), (h), (i), (j) or (k) of the Children’s Services Act 1986;

‘defined sentence’, in relation to an adult, means a sentence that would be likely to bring the adult into contact with other adult offenders, including—

(a)a sentence of imprisonment;

(b)a periodic detention order under section 4 of the Periodic Detention Act 1995; and

(c)a community service order under section 556G.”.

NOTE

Principal Act

1. Reprinted as at 30 November 1996.  See also Act No. 74, 1996; Nos. 10 and 23, 1997.

[Presentation speech made in Assembly on 25 September 1997]

©  Australian Capital Territory 1997