Crimes (Further Amendment) Act 1983 (NSW)

Case

CRIMES (FURTHER AMENDMENT) ACT, 1983, No. 131

Jgteto &outf) Walt*

ANNO TRICESIMO SECUNDO

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ELIZABETHS H BEGINS

Act No. 131, 1983.

An Act to amend the Crimes Act, 1900, in relation to the release of

offenders under sections 462 and 463 of that Act. [Assented to, 21st

December, 1983.]
  1. Act No. 131, 1983.

Crimes (Further 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 "Crimes (Further Amendment) Act,

1983".

Commencement.

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Amendment of Act No. 40, 1900.

3. The Crimes Act. 1900, is amended in the manner set forth in

Schedule 1.

SCHEDULE 1.

(Sec. 3.)

AMENDMENTS TO THE CRIMES ACT, 1900.

(1) (a) Section 462—

After "Governor" wherever occurring, insert ", with the advice of the Executive Council, and on the recommendation of the Minister,".

Act No. 131, 1983. 3
Crimes (Further Amendment).
SCHEDULE I—continued.

AMENDMENTS TO THE CRIMES ACT, 1900—continued.

(b) Section 462 (2)—

At the end of section 462, insert:—

(2) A recommendation shall not be made for the purposes of subsection (1) except in accordance with a recommendation made by the Release on Licence Board under section 60 of the Prisons Act, 1952.

(2) (a) Section 463 (1)—

After "Governor" wherever occurring, insert ", with the advice of the Executive Council, and on the recommendation of the Minister,".

(b) Section 463 (2)—

Omit "be revoked by the Governor at his discretion", insert instead "at any time be revoked by the Governor, with the advice of the Executive Council, and on the recommendation of the Minister".

(c) Section 463 (5) —

After section 463 (4), insert:—

(5) A recommendation shall not be made for the purposes of subsection (1), nor shall any limits be specified in or conditions indorsed on any such license, except in accordance with—

(a)

a recommendation made by the Release on Licence Board under section 60 of the Prisons Act, 1952; or

  1. Act No. 131, 1983.

Crimes {Further Amendment).

SCHEDULE 1—continued.

AMENDMENTS TO THE CRIMES ACT, 1900—continued.

(b) a report of a Judge of the Court of Criminal Appeal as referred to in section 27 of the Criminal Appeal Act,
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