Crimes (Sentence Administration) Act 2005 (ACT)
Crimes (Sentence Administration) Act 2005
A2005-59
Republication No 69
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Crimes (Sentence Administration) Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Crimes (Sentence Administration) Act 2005
Contents
Page
Preamble 2
Chapter 1 Preliminary
1 Name of Act 3
3 Dictionary 3
4 Notes 3
5Offences against Act—application of Criminal Code etc 4
Chapter 2 Object and principles
6 Main object of Act 5
7 Treatment of sentenced offenders 5
8 Treatment of remandees 6
9 Treatment of other people in custody 7
Chapter 3 Imprisonment and remand—committal
Part 3.1 Imprisonment
10 Application—pt 3.1 8
11 Effect of committal order 9
12 Warrant for imprisonment 9
13 Custody of sentenced offender 9
14 Imprisonment not affected by want of proper warrant 9
Part 3.2 Remand
15 Application—pt 3.2 10
16 Effect of remand order 10
17 Warrant for remand 11
18 Custody of remandee 12
19 Remand not affected by want of proper warrant 13
Part 3.3 Committal—miscellaneous
20 Directions to escort officers 14
21 Orders to bring offender or remandee before court etc 14
Chapter 4 Full-time detention
Part 4.1 General
22 Application—ch 4 15
23 Definitions—ch 4 16
Part 4.2 Serving full-time detention
24 Full-time detention obligations 17
25 Full-time detention—director‑general directions 17
26 Full-time detention in ACT or NSW 18
27 Guidelines—allocation of detainees to correctional centres 18
28 Work and activities by full-time detainee 19
29 Custody of full-time detainee—lawful absence from correctional centre 19
30 Unlawful absence by offender—extension of sentence 20
31 Early release of offender 20
32 Release at end of sentence 21
33 Offender not to be released if serving another sentence etc 21
Part 4.3 Full-time detention in NSW
34 Application—pt 4.3 23
35 Removal of full-time detainee to NSW 23
36 Full-time detention in NSW 23
37 Full-time detention—return from NSW 24
38 Full-time detention—release in NSW 25
Chapter 5 Intensive correction orders
Part 5.1 Preliminary
39 Application—ch 5 26
40 Definitions—ch 5 26
Part 5.2 Serving intensive correction
41 Intensive correction order obligations 28
42 Intensive correction order—core conditions 28
43 Intensive correction order—alcohol and drug tests 31
43A Intensive correction order—end 31
Part 5.3 Intensive correction order—community service work
44 Application—pt 5.3 32
45 Intensive correction orders—compliance with community service condition 32
46 Intensive correction orders—community service work—director-general directions 32
47 Intensive correction orders—community service work—failure to report etc 34
48 Intensive correction orders—community service work—maximum daily hours 35
48A Intensive correction orders—community service work—therapy and education program limit 36
49 Intensive correction orders—community service work—health disclosures 36
50 Intensive correction orders—community service work—alcohol and drug tests 36
51 Intensive correction orders—community service work—reports by entities 37
Part 5.4 Intensive correction order—rehabilitation programs
52 Application—pt 5.4 38
53 Intensive correction orders—rehabilitation program condition—compliance 38
54 Intensive correction orders—rehabilitation programs—director-general directions 38
55 Intensive correction orders—rehabilitation program providers—reports by providers 39
Part 5.5 Intensive correction order—curfew
56 Application—pt 5.5 40
57 Compliance with curfew 40
58 Curfew—directions 40
Part 5.6 Supervising intensive correction orders
Division 5.6.1 Intensive correction orders—supervision
59 Corrections officers to report breach of intensive correction order obligations 42
60 Arrest without warrant—breach of intensive correction order obligations 42
61 Arrest warrant—breach of intensive correction order obligations 43
Division 5.6.2 Intensive correction orders—breach
62 Board inquiry—breach of intensive correction order obligations 44
63 Notice of inquiry—breach of intensive correction order obligations 45
64 Board powers—breach of intensive correction order obligations 45
65 Cancellation of intensive correction order on further conviction etc 47
66 Cancellation of intensive correction order if offender withdraws consent 49
Division 5.6.3 Suspension and cancellation of intensive correction order
67 Application—div 5.6.3 49
68 Notice of board decisions about intensive correction order 49
69 Intensive correction order—effect of suspension or cancellation 49
70 Intensive correction orders—effect of suspension or cancellation on other intensive correction order 50
71 Intensive correction orders—effect of suspension or cancellation on parole 51
72 Suspension or cancellation of intensive correction order—recommittal to full-time detention 51
73 Cancellation of intensive correction order—offender may apply for order to be reinstated 52
Part 5.7 Intensive correction orders—amendment or discharge
74 Court powers—amendment or discharge of intensive correction order 54
75 Intensive correction orders—limitations on amendment or discharge 55
Part 5.8 Intensive correction orders—reporting and records
76 Record-keeping by director-general 56
77 Authorised person may access data 56
Part 5.9 Intensive correction orders—miscellaneous
78 Intensive correction order proceedings—rights of interested person 57
78A Intensive correction order cancellation by court—official notice of sentence 57
79 Intensive correction order—court and board powers after end of order 58
80 Intensive correction orders—outstanding warrants—extension of sentence 58
Chapter 5ADrug and alcohol treatment orders
Part 5A.1 Preliminary
82 Application—ch 5A 60
Part 5A.2 Drug and alcohol treatment orders—undertaking treatment
82A Drug and alcohol treatment order—drug and alcohol tests 61
Part 5A.3 Drug and alcohol treatment orders—effect of cancellation
82B Application—pt 5A.3 62
82C Drug and alcohol treatment order—effect of cancellation 62
Part 5A.4 Drug and alcohol treatment orders—reporting and records
82D Record-keeping by director-general 64
82E Authorised person may access data 64
Chapter 6 Good behaviour orders
Part 6.1 Undertaking good behaviour
83 Application—ch 6 65
84 Definitions—ch 6 65
85 Good behaviour obligations 66
86 Good behaviour—core conditions 67
87 Good behaviour—director‑general directions 68
88 Good behaviour order—end 69
Part 6.2 Good behaviour—community service work
89 Application—pt 6.2 70
90 Good behaviour orders—compliance with community service condition 70
91 Good behaviour orders—community service work—director-general directions 70
92 Good behaviour orders—community service work—failure to report etc 72
93 Good behaviour orders—community service work—maximum daily hours 73
93A Good behaviour orders—community service work—therapy and education program limit 74
94 Good behaviour orders—community service work—health disclosures 74
95 Good behaviour orders—community service work—alcohol and drug tests 75
96 Good behaviour orders—community service work—frisk searches 75
97 Good behaviour orders—community service work—reports by entities 76
Part 6.3 Good behaviour—rehabilitation programs
98 Application—pt 6.3 77
99 Good behaviour orders—compliance with rehabilitation program condition 77
100 Good behaviour orders—rehabilitation programs—director-general directions 77
101 Good behaviour orders—rehabilitation program providers—reports by providers 78
Part 6.4 Good behaviour—supervision
102 Good behaviour—breach of good behaviour obligation 79
103 Arrest without warrant—breach of good behaviour obligations 80
104 Arrest warrant—breach of good behaviour obligations etc 81
105 Good behaviour—agreement to attend court 82
106 Good behaviour—summons to attend court 82
Part 6.5 Good behaviour orders—breach
107 Offence committed while under good behaviour order 83
108 Court powers—breach of good behaviour obligations 83
109 Cancellation of good behaviour order made as non‑conviction order 85
110 Cancellation of good behaviour order with suspended sentence order 85
111 Enforcing security under good behaviour order 86
Part 6.6 Good behaviour orders—amendment and discharge
112 Court powers—amendment or discharge of good behaviour order 88
113 Good behaviour orders—limitations on amendment or discharge 88
114 Good behaviour orders—effect of amendment on sureties 89
Part 6.7 Good behaviour—miscellaneous
115 Good behaviour proceedings—rights of interested person 90
116 Good behaviour—court powers after end of order 90
Chapter 6ACourt imposed fines
Part 6A.1 General
116A Definitions—ch 6A 91
116B Payment of fine 93
Part 6A.2 Penalty notices, default notices and payment arrangements
116C Registrar to send penalty notice 94
116D Offender to give registrar contact details 95
116E Registrar may ask other people for offender’s contact details 96
116F Doubtful service 96
116G Liability for administrative fee 97
116H Default notice 97
116I Form of default notice 98
116J Reminder notice 99
116K Payment arrangements 100
Part 6A.3 Fine enforcement action
Division 6A.3.1 Reporting fine defaulters
116L Application—pt 6A.3 101
116M Director‑general to notify road transport authority 101
Division 6A.3.2 Examining fine defaulter’s financial circumstances
116O Examination by director‑general 102
116P Examination notice 102
116Q Examination notice—content 103
116R Examination warrant—issue 104
116S Examination warrant—contents and execution 105
116T Examination hearing before registrar 106
116U Examination hearing warrant—issue 108
116V Examination hearing warrant—contents and execution 109
Division 6A.3.3 Fine enforcement orders—general
116W Director‑general may apply for fine enforcement order 110
116X Magistrates court may make fine enforcement order 111
Division 6A.3.4 Fine enforcement orders—earnings redirection orders
116Y Fine enforcement order—earnings redirection order 113
Division 6A.3.5 Fine enforcement orders—financial institution deduction orders
116Z Financial institution deduction order 115
Division 6A.3.6 Fine enforcement orders—property seizure orders
116ZA Property seizure order 116
116ZB Property seizure order—authority to enter premises etc 116
116ZC Property seizure order—sale of seized property 118
116ZD Property seizure order—restoration application 119
Division 6A.3.7 Voluntary community work orders
116ZE Voluntary community work order 120
116ZF Voluntary community work order—administration 121
116ZG Voluntary community work order—rate of discharge of outstanding fine 122
116ZH Voluntary community work order—noncompliance 122
116ZI Voluntary community work order—certificate of completion 123
116ZJ Voluntary community work order—ends if outstanding fine paid 123
Division 6A.3.8 Imprisonment
116ZK Imprisonment order 123
116ZM Imprisonment—rate of discharge of outstanding fine 124
116ZN Imprisonment—release if outstanding fine paid 125
Part 6A.4 Miscellaneous
116ZO Remission of fine by director‑general 126
116ZP Time served in custody to count 127
116ZQ Reparation order agreements 127
116ZR Apportionment of fine amounts 128
116ZS Conviction or order quashed or set aside 128
116ZT Sharing information 129
116ZU Orders may be made on conditions 129
Chapter 7 Parole
Part 7.1 Parole—general
117 Definitions—ch 7 130
118 Meaning of parole eligibility date 131
118A Parole—meaning of registered victim and victim 131
Part 7.2 Making of parole orders
119 Application—pt 7.2 132
120 Criteria for making parole orders 132
121 Applications for parole 133
122 Board may reject parole application without inquiry 134
123 Board to seek victim’s views for parole inquiry 135
124 Notice to victims for parole inquiry 137
125 Parole applications—inquiry without hearing 138
126 Parole applications—decision after inquiry without hearing 139
127 Parole applications—notice of hearing 140
128 Parole applications—failure of offender to participate in hearing 141
129 Parole applications—decision after hearing 141
130 Parole orders may include conditions 142
131 When parole orders take effect 142
132 Explanation of parole order 142
133 Notice of decisions on parole applications 143
Part 7.3 Release under parole order
134 Application—pt 7.3 145
135 Release authorised by parole order 145
136 Parole obligations 145
137 Parole order—core conditions 146
138 Parole—director‑general directions 147
138A Parole—alcohol and drug tests 148
139 Parole—effect of custody during order 148
140 Parole—when time is served against sentence 149
141 Parole—end of order 149
Part 7.4 Supervising parole
Division 7.4.1 Supervising parole—preliminary
142 Application—pt 7.4 150
Division 7.4.2 Breach of parole obligations
143 Corrections officers to report breach of parole obligations 150
144 Arrest without warrant—breach of parole obligations 150
145 Arrest warrant—breach of parole obligations 151
146 Board inquiry—breach of parole obligations 151
147 Notice of inquiry—breach of parole obligations 152
148 Board powers—breach of parole obligations 152
149 Automatic cancellation of parole order for ACT offence 153
150 Cancellation of parole order for non-ACT offence 154
151 Cancellation after parole order has ended 154
152 Exercise of board functions after parole ended 155
Division 7.4.3 Parole management
153 Board inquiry—management of parole 155
154 Notice of inquiry—management of parole 156
155 Parole order—commencement suspended before parole release date 156
156 Board powers—management of parole 157
Part 7.5 Change or cancellation of parole
157 Notice of board decisions about parole 159
158 When changes to parole obligations take effect 160
159 When board cancellation of parole order takes effect 160
160 Parole order—effect of cancellation 160
161 Cancellation of parole—recommittal to full-time detention 161
Part 7.5A Parole time credit
Division 7.5A.1 Preliminary
161A Application—pt 7.5A 163
161B Definitions—pt 7.5A 163
Division 7.5A.2 Parole time credit—rules for applying
161C General rule 165
161D Exceptions—certain ACT offences 165
161E Exceptions—certain non-ACT offences 166
161F Appeal to Supreme Court—order by board 167
Division 7.5A.3 Parole time credit—how to apply
161G Working out parole time credit—general rule 168
161H Working out parole time credit—exceptions 169
161I Parole time credit—shortest period to apply 169
Part 7.6 Interstate transfer of parole orders
162 Definitions—pt 7.6 171
163 Parole order transfer—declaration of corresponding parole laws 172
164 Parole order transfer—registration requests 172
165 Parole order transfer—documents for registration requests 172
166 Parole order transfer—consideration of requests 173
167 Parole order transfer—registration 174
168 Parole order transfer—effect of registration under this Act 175
169 Parole order transfer—effect of transfer to another jurisdiction 177
170 Parole order transfer—evidence of registration 177
Chapter 8 Sentence administration board
Part 8.1 Establishment, functions and constitution of board
171 Establishment of board 178
172 Functions of board 178
173 Members of board 178
174 Appointment of board members 179
175 Conditions of appointment of board members 180
176 Term of appointment of board member 180
177 Disclosure of interests by board members 180
178 Ending board member appointments 183
179 Protection from liability for board members etc 184
179A Delegation by chief police officer 184
Part 8.2 Divisions of board
180 Meaning of board’s supervisory functions 185
181 Exercise of board’s supervisory functions 185
182 Constitution of divisions of board 185
Part 8.3 Proceedings of board
183 Time and place of board meetings 187
184 Presiding member at board meetings 187
185 Quorum at board meetings 187
186 Voting at board meetings 187
187 Conduct of board meetings 188
188 Authentication of board documents 188
189 Evidentiary certificate about board decisions 189
190 Proof of certain board-related matters not required 189
191 Board secretary 189
192 Confidentiality of board information 189
Chapter 9 Inquiries by board
Part 9.1 Inquiries—general
193 Meaning of inquiry 191
194Application of Criminal Code, ch 7 191
195 Board inquiries and hearings 191
196 Conduct of inquiry 192
197 Submissions for inquiry 193
198 Board may require official reports 193
199 Board may require information and documents 193
200 Expenses—production of documents etc 194
201 Possession of inquiry documents etc 195
202 Record of inquiry 195
Part 9.2 Hearings for inquiry
203 Application—pt 9.2 196
204 Notice of board hearing 196
205 Appearance by offender at board hearing 196
206 Arrest of offender for board hearing 197
207 Appearance at board hearing by audiovisual or audio link 198
208 Evidence at board hearings etc 199
209 Offender’s rights at board hearing 200
210 Custody of offender during board hearing adjournment 200
211 Record of board hearings 201
212 Protection of witnesses etc at board hearings 202
Chapter 10Victim and offender information
213 Meaning of registered victim 203
214 Meaning of victim 203
215 Victims register—offenders other than young offenders 204
215A Victims register—young offenders 204
216 Disclosures to registered victims—offenders other than young offenders 205
216A Disclosures to registered victims—young offenders 206
Chapter 11 Transfer of prisoners
Part 11.1 Interstate transfer of prisoners
Division 11.1.1 Interstate transfer—preliminary
217 Definitions—pt 11.1 208
218 Interstate transfer—meaning of sentence of imprisonment etc 212
219 Interstate transfer—person subject to sentence of imprisonment 212
220 Interstate transfer—effect of warrant of commitment issued by justice of the peace 213
221 Interstate transfer—corresponding courts and interstate laws 214
Division 11.1.2 Interstate transfer—prisoner’s welfare
222 Interstate transfer—requests from ACT and joint prisoners for transfer to participating state 214
223 Interstate transfer—requests from ACT and joint prisoners for transfer to non-participating territory 215
224 Interstate transfer—effect of div 11.1.2 orders on joint prisoners 216
225 Interstate transfer—repeated requests for transfer 217
226 Interstate transfer—receipt of request for transfer to ACT 217
227 Interstate transfer—reports 218
Division 11.1.3 Interstate transfer—trials and sentences
228 Interstate transfer—request for transfer to participating state 218
229 Interstate transfer—necessary consents 220
230 Interstate transfer—order for prisoner to be brought before Magistrates Court 220
231 Interstate transfer—order of transfer 221
232 Interstate transfer—review of Magistrates Court decision 221
233 Interstate transfer—effect of div 11.1.3 orders on joint prisoners 222
234 Interstate transfer—execution of orders for prisoners to be brought before courts 223
235 Interstate transfer—request by Attorney-General for transfer of imprisoned person to ACT 223
236 Interstate transfer—request by imprisoned person for transfer to ACT 223
Division 11.1.4 Interstate transfer—return to original jurisdiction
237 Interstate transfer—return of prisoner to participating state 224
238 Interstate transfer—prisoner’s request to serve sentence in ACT 226
239 Interstate transfer—effect of div 11.1.4 orders on joint prisoners 227
Division 11.1.5 Interstate transfer—operation of transfer orders
240 Interstate transfer—transfer in custody of escort 228
241 Interstate transfer—transfer of sentence with prisoner 229
242 Interstate transfer—information sent to participating state 229
243 Interstate transfer—translated sentences 230
244 Interstate transfer—operation of translated sentences generally 231
245 Interstate transfer—indeterminate translated sentences 232
246 Interstate transfer—effect of translated sentences before transfer to ACT 232
247 Interstate transfer—default imprisonment for translated sentences 233
Division 11.1.6 Interstate transfer—other provisions
248 Interstate transfer—notification to prisoners of decisions 234
249 Interstate transfer—lawful custody for transit through ACT 235
250 Interstate transfer—escape from custody of person being transferred 236
251 Interstate transfer—offence for escape from custody 237
252 Interstate transfer—revocation of order of transfer on escape from custody 238
Part 11.2 International transfer of prisoners
253 International transfer—object of pt 11.2 239
254 International transfer—meaning of Commonwealth Act 239
255 International transfer—terms defined Commonwealth Act 239
256 International transfer—Minister’s functions 239
257 International transfer—functions of prison officers, police officers etc 239
258 International transfer—arrangements for administration of Commonwealth Act 240
259 International transfer—prisoners transferred to Australia 240
260 International transfer—prisoners transferred from Australia 241
Chapter 12 Transfer of community-based sentences
Part 12.1 Transfer of community-based sentences—general
261 Community-based sentence transfer—purpose of ch 12 242
262 Community-based sentence transfer—application of ch 12 242
263 Community-based sentence transfer—definitions ch 12 243
Part 12.2 Transfer of community-based sentences—important concepts
264 Meaning of community-based sentence 244
265 Community-based sentence transfer—jurisdictions and participating jurisdictions 244
266 Community-based sentence transfer—local and interstate sentences 245
267 Meaning of corresponding community-based sentence law 245
268 Community-based sentence transfer—local and interstate authorities 246
Part 12.3 Transfer of community-based sentences—administration
269 Community-based sentence transfer—appointment of local authority 247
270 Community-based sentence transfer—delegation by local authority 247
271 Community-based sentence transfer—local register 247
Part 12.4 Transfer of community-based sentences—registration of interstate sentences in ACT
272 Community-based sentence transfer—request for transfer of interstate sentence 248
273 Community-based sentence transfer—form of request for registration 248
274 Community-based sentence transfer—request for additional information 250
275 Community-based sentence transfer—withdrawal of offender’s consent 250
276 Community-based sentence transfer—registration criteria 250
277 Community-based sentence transfer—decision on request 251
278 Community-based sentence transfer—preconditions for registration 253
279 Community-based sentence transfer—how interstate sentence registered 253
280 Community-based sentence transfer—notice of registration 254
281 Community-based sentence transfer—effect of registration generally 254
Part 12.5 Transfer of community-based sentences—registration of ACT sentences interstate
282 Community-based sentence transfer—request for transfer of local sentence 256
283 Community-based sentence transfer—response to request for additional information 256
284 Community-based sentence transfer—effect of interstate registration 256
Part 12.6 Transfer of community-based sentences—other provisions
285 Community-based sentence transfer—inaccurate information about local sentence registered interstate 258
286 Community-based sentence transfer—dispute about accuracy of information in interstate register 258
287 Community-based sentence transfer—evidentiary certificates for registration and registered particulars 259
Chapter 13 Release on licence, remission and pardon
Part 13.1 Release on licence
Division 13.1.1 Release on licence—general
288 Application—pt 13.1 261
289 Definitions—pt 13.1 261
Division 13.1.2 Grant of licence
290 Release on licence—request for board recommendation 261
291 Release on licence—notice of board inquiry 262
292 Release on licence—board to seek victim’s views 262
293 Release on licence—criteria for board recommendations 264
294 Release on licence—board recommendations 266
295 Release on licence—decision by Executive 266
296 Release on licence—grant 267
297 Explanation of licence 267
298 Release on licence—notice of Executive decision 268
Division 13.1.3 Operation of licences
299 Release authorised by licence 269
300 Release on licence obligations 270
301 Release on licence—core conditions 270
302 Release on licence—director‑general directions 272
302A Release on licence—alcohol and drug tests 272
303 Release on licence—sentence not discharged 272
Division 13.1.4 Supervision of licensees
303A Corrections officers to report breach of release on licence obligations 272
304 Arrest without warrant—breach of release on licence obligations 273
305 Arrest warrant—breach of release on licence obligations 273
306 Board inquiry—review of release on licence 274
307 Board inquiry—notice of review of release on licence 275
308 Board powers—review of release on licence 275
309 Release on licence—automatic cancellation of licence for ACT offence 276
310 Release on licence—cancellation of licence for non-ACT offence 276
311 Release on licence—notice of board’s decision on review 277
312 Cancellation of licence—recommittal to full-time detention 277
Part 13.2 Remissions and pardons
313 Remission of penalties 279
314 Grant of pardons 279
314A Prerogative of mercy 279
Chapter 14 Community service work—general
315 Definitions—ch 14 280
316 Meaning of community service work 280
317 Protection from liability for people involved in community service work 281
318 Community service work not to displace employees 282
319 No employment contract for community service work 282
320 Community service work—work health and safety 282
Chapter 14A Sentence administration—young offenders
Part 14A.1 General
320A Purpose—ch 14A 284
320B Youth justice principles to be considered 284
320C Young offenders and remandees—references to correctional centre and Corrections Management Act 285
320D Young offenders and remandees—references to director‑general 285
320E Young remandees—remand to be at detention place 286
320F Young offenders—administration of sentences other than imprisonment 286
320G Young offenders—breach of good behaviour obligations 286
320H Sentencing court to deal with breaches 287
320I Young offenders—transfer 287
320J Young offenders—transfer of community-based sentences 287
Part 14A.2 Young offenders—accommodation orders
320K Accommodation orders—contraventions 288
320L Accommodation orders—resentencing for breach 288
Chapter 15 Miscellaneous
321 Director‑general directions—general 289
321AA Director-general to give information—detainees etc subject to forensic mental health orders 289
321A Evidentiary certificates 290
322 Criminology or penology research 292
323 Determination of fees 294
324 Approved forms 294
325 Regulation-making power 294
Dictionary295
Endnotes
1 About the endnotes 308
2 Abbreviation key 308
3 Legislation history 309
4 Amendment history 319
5 Earlier republications 352
6 Expired transitional or validating provisions 358
Crimes (Sentence Administration) Act 2005
An Act to consolidate and reform the law about the administration of sentences, and for other purposes
Preamble
1The inherent dignity of all human beings, whatever their personal or social status, is one of the fundamental values of a just and democratic society.
2The criminal justice system should respect and protect all human rights in accordance with the Human Rights Act 2004 and international law.
3Sentences are imposed on offenders as punishment, not for punishment.
4The management of sentenced offenders, and people remanded or otherwise detained in lawful custody, should contribute to the maintenance of a just and democratic society, particularly as follows:
(a)by ensuring justice, security and good order in the correctional system;
(b)by ensuring that the harm suffered by victims, and their need for protection, are considered appropriately in making decisions about the management of offenders;
(c)by promoting the rehabilitation of offenders and their reintegration into society;
(d)by ensuring that offenders, remandees and other people detained in lawful custody are treated in a decent, humane and just way.
The Legislative Assembly for the Australian Capital Territory therefore enacts as follows:
Chapter 1Preliminary
Name of Act
This Act is the Crimes (Sentence Administration) Act 2005.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘community service work—see section 316.’ means that the term ‘community service work’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Chapter 2Object and principles
Main object of Act
The main object of this Act is to ensure, as far as practicable, that sentences are given effect in accordance with this Act and the Corrections Management Act 2007.
Treatment of sentenced offenders
(1)Functions under this Act in relation to a sentenced offender must be exercised, as far as practicable, as follows:
(a)to respect and protect the offender’s human rights;
(b)to ensure the offender’s decent, humane and just treatment;
(c)to preclude torture or cruel, inhuman or degrading treatment;
(d)to promote the offender’s rehabilitation and reintegration into society.
(2)Also, functions under this Act in relation to an offender serving a sentence of imprisonment must be exercised, as far as practicable, to ensure—
(a)the offender is not subject to further punishment (in addition to deprivation of liberty) only because of the conditions of detention; and
(b)the offender’s conditions in detention comply with the requirements under the Corrections Management Act 2007.
Treatment of remandees
(1)Functions under this Act in relation to a remandee must be exercised, as far as practicable, as follows:
(a)to recognise and respect that the remandee must be presumed innocent of the offence for which the remandee is remanded;
(b)to respect and protect the remandee’s human rights;
(c)to ensure the remandee’s decent, humane and just treatment;
(d)to preclude torture or cruel, inhuman or degrading treatment.
(2)Also, functions under this Act in relation to a remandee’s detention must be exercised, as far as practicable, as follows:
(a)to recognise and respect that the detention is not imposed as punishment of the remandee;
(b)to ensure the remandee is not subject to punishment only because of the conditions of detention;
(c)to ensure the remandee’s conditions in detention comply with the requirements under the Corrections Management Act 2007.
(3)Subsections (1) (a) and (2) (a) do not apply if the remandee has been convicted or found guilty of the offence for which the remandee is remanded.
Examples
1 a convicted person remanded in custody for sentencing
2 a paroled offender remanded in custody under s 210 (Custody of offender during board hearing adjournment)
(4)This section does not apply to the remandee if the remandee is an offender under a sentence of imprisonment in relation to another offence.
Treatment of other people in custody
(1)This section applies to a person (other than a sentenced offender or remandee) detained in lawful custody under a territory law or a law of the Commonwealth, a State or another Territory.
Examples
1 a person held on a warrant issued under the Royal Commissions Act 1991, s 35 (Apprehension of witnesses failing to appear)
2 an interstate prisoner on leave in the ACT held in custody overnight
(2)Functions under this Act in relation to the person must be exercised, as far as practicable, as follows:
(a)to recognise and facilitate the purpose for which the person is detained;
(b)to respect and protect the person’s human rights;
(c)to ensure the person’s decent, humane and just treatment;
(d)to preclude torture or cruel, inhuman or degrading treatment.
(3)Also, functions under this Act in relation to the person must be exercised, as far as practicable, as follows:
(a)to ensure the person is not subject to punishment only because of the conditions of detention;
(b)to ensure the person’s conditions in detention comply with the requirements under the Corrections Management Act 2007.
(4)This Act applies in relation to the person as a full-time detainee, with any changes prescribed by regulation.
Chapter 3Imprisonment and remand—committal
Part 3.1Imprisonment
Application—pt 3.1
(1)This part applies if—
(a)a court (a committing authority) makes an order (a committal order) sentencing an offender to imprisonment that, under a territory law, must be served by full-time detention; or
(b)the board (also a committing authority) makes an order (also a committal order) in relation to an offender under any of the following provisions:
(i)section 72 (Suspension or cancellation of intensive correction order—recommittal to full-time detention);
(ii)section 161 (Cancellation of parole—recommittal to full‑time detention);
(iii)section 312 (Cancellation of licence—recommittal to full‑time detention).
(2)A reference in this section to a court sentencing an offender to imprisonment includes—
(a)an entity prescribed by regulation sentencing an offender to imprisonment; and
(b)a court ordering the imprisonment of a fine defaulter under section 116ZK.
NoteACT courts have federal jurisdiction in criminal matters (including sentencing) under the Judiciary Act 1903 (Cwlth). See particularly that Act, s 68 (Jurisdiction of State and Territory courts in criminal cases).
Effect of committal order
The committal order—
(a)authorises the director‑general to have custody of the offender under the order; and
(b)requires the director‑general to—
(i)take the offender into custody; and
(ii)keep the offender imprisoned under full-time detention until released under this Act or another territory law.
Warrant for imprisonment
(1)The committing authority must issue a warrant for the imprisonment of the offender in the director‑general’s custody.
(2)The warrant—
(a)must be addressed to the director‑general; and
(b)may be signed by a person authorised by the committing authority.
NoteIf a form is approved under the Court Procedures Act 2004 for a warrant by a court, the form must be used (see that Act, s 8 (2)).
Custody of sentenced offender
The director‑general must keep the offender imprisoned under full‑time detention under this Act and the Corrections Management Act 2007 until released under this Act or another territory law.
Imprisonment not affected by want of proper warrant
The validity of the offender’s imprisonment under this Act or the Corrections Management Act 2007 is not affected by any failure to issue a proper warrant of imprisonment, if the imprisonment is in accordance with the committing authority’s committal order.
Part 3.2Remand
Application—pt 3.2
(1)This part applies if any of the following (a remanding authority) orders the remand of a person (the remandee) in custody under a territory law:
(a)a court;
(b)a magistrate;
(c)the board;
(d)an entity prescribed by regulation.
(2)To remove any doubt, this part also applies to the remand of a person (also the remandee) during an adjournment in a proceeding before a remanding authority, whether the remand is for less than a day or for 1 day or more.
Effect of remand order
The remanding authority’s order for remand—
(a)authorises the director‑general to have custody of the remandee under the order; and
(b)requires the director‑general to—
(i)take the remandee into custody; and
(ii)keep the remandee in custody under full-time detention under the order; and
(iii)return the remandee to the remanding authority as required by the order.
Warrant for remand
(1)The remanding authority must issue a warrant for the remand of the remandee in the director‑general’s custody.
(2)The warrant—
(a)must be addressed to the director‑general; and
(b)may be signed by a person authorised by the remanding authority.
NoteIf a form is approved under the Court Procedures Act 2004 for a warrant by a court, the form must be used (see that Act, s 8 (2)).
(3)The warrant—
(a)may state any considerations about the remand to which the director‑general must have regard; and
(b)must state—
(i)when and where the remanding authority orders the return of the remandee to the remanding authority; or
(ii)that the remanding authority order the return of the remandee—
(A)to the remanding authority at the time and place decided by the registrar; or
(B)to another remanding authority at the time and place decided by the registrar.
Examples of considerations under par (a)
1 the remandee’s need for access to legal representatives or other people in relation to the proceeding before the remanding authority
2 the likelihood of the remandee having to be brought before a court or magistrate, or the board, in some other proceeding
Custody of remandee
(1)The director‑general must—
(a)keep the remandee in custody under full-time detention under this Act and the Corrections Management Act 2007 under the order for remand; and
(b)return the remandee to the remanding authority, or another remanding authority, as ordered by the remanding authority.
NoteFor a young remandee, see s 320E.
(2)The director‑general must ensure that the remandee is held in custody in the place that the director‑general decides is the most appropriate.
(3)For subsection (2)—
(a)the director‑general must have regard to the following:
(i)the remanding authority’s order for remand;
(ii)any considerations about the remand stated in the warrant by the remanding authority;
(iii)whether the remandee is also a sentenced offender;
(iv)the availability of suitable places of custody;
(v)the practicality of moving the remandee to and from the place of custody to satisfy the remanding authority’s order for the return of the remandee; and
(b)the director‑general may have regard to anything else the director‑general considers relevant.
Remand not affected by want of proper warrant
The validity of the remandee’s remand in custody under full-time detention under this Act or the Corrections Management Act 2007 is not affected by any failure to issue a proper warrant of remand, if the remand is in accordance with the remanding authority’s order for remand.
Part 3.3Committal—miscellaneous
Directions to escort officers
(1)For this chapter, the director‑general may give directions to an escort officer in relation to an offender or remandee, including directions to take the offender or remandee into custody or to a place stated in the direction.
(2)Without limiting the authority that may be given by a direction under subsection (1), the direction authorises the escort officer to have custody of, and deal with, the offender or remandee in accordance with the direction.
Orders to bring offender or remandee before court etc
(1)This chapter is additional to, and does not limit, any other power of a court or other entity to require an offender, remandee or other person to be brought before the court or entity.
(2)Without limiting subsection (1), the director‑general must arrange for an offender, remandee or other person in the director‑general’s custody to be brought before a court or other entity in accordance with any order or direction (however described) of the court or entity.
Chapter 4Full-time detention
Part 4.1General
Application—ch 4
(1)This chapter applies to a person (a full-time detainee) if the person is—
(a)an offender in the director‑general’s custody because of section 11 (Effect of committal order); or
(b)a remandee in the director‑general’s custody because of section 16 (Effect of remand order).
(2)A reference in this chapter to an offender is a reference to the full‑time detainee if—
(a)subsection (1) (a) applies to the detainee; or
(b)subsection (1) (b) applies to the full-time detainee but the offender is not a remandee under subsection (3).
(3)A reference in this chapter to a remandee is a reference to the full‑time detainee if—
(a)subsection (1) (b) applies to the full-time detainee; and
(b)the full-time detainee—
(i)has not been convicted or found guilty of the offence for which the detainee is remanded; or
(ii)is not serving a sentence of imprisonment by full-time detention for another offence.
Definitions—ch 4
(1)In this Act:
recommitted, for an offender, means placed in the director‑general’s custody because of an order under any of the following provisions:
(a)section 72 (Suspension or cancellation of intensive correction order—recommittal to full-time detention);
(b)section 161 (Cancellation of parole—recommittal to full-time detention);
(c)section 312 (Cancellation of licence—recommittal to full-time detention).
release date, for an offender for a sentence, means the day the term of the sentence ends.
NoteThe term of a sentence includes the term of the sentence as amended (see dict).
(2)In this chapter:
full-time detainee—see section 22 (1).
offender—see section 22 (2).
remandee—see section 22 (3).
Part 4.2Serving full-time detention
Full-time detention obligations
(1)An offender must serve the period of imprisonment set by the sentencing court by full-time detention in accordance with this Act and the Corrections Management Act 2007.
(2)If an offender is recommitted to the director‑general’s custody, the offender must serve the period of imprisonment for which the offender has been recommitted by full-time detention in accordance with this Act and the Corrections Management Act 2007.
(3)An offender must also comply with any requirement or direction under this Act, or the Corrections Management Act 2007, that applies to the offender as a full-time detainee.
(4)A remandee must spend the period of remand in full-time detention in accordance with this Act and the Corrections Management Act 2007.
(5)A remandee must also comply with any requirement or direction under this Act, or the Corrections Management Act 2007, that applies to the remandee as a full-time detainee.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).
Full-time detention—director‑general directions
(1)For this chapter, the director‑general may give directions, orally or in writing, to a full-time detainee.
(2)To remove any doubt, this section does not limit section 321 (Director‑general directions—general).
Full-time detention in ACT or NSW
(1)The director‑general must arrange for a full-time detainee to be kept in full-time detention at—
(a)an ACT correctional centre; or
(b)a NSW correctional centre.
(2)For this section, the director‑general may, in writing, direct that a full‑time detainee—
(a)be detained at the ACT correctional centre stated in the direction; or
(b)be removed to a NSW correctional centre stated in the direction.
NoteThe reference to an ACT correctional centre is, in relation to a CYP young offender, a reference to a detention place under the Children and Young People Act 2008. A CYP young offender is a young offender required under the Crimes (Sentencing) Act 2005, section 133H to serve his or her sentence of imprisonment at a detention place (see this Act, s 320C).
Guidelines—allocation of detainees to correctional centres
(1)The director‑general may make guidelines in relation to the allocation of full-time detainees to correctional centres.
(2)Without limiting subsection (1), guidelines may include provision about—
(a)which correctional centres are to be used for accommodating full-time detainees; and
(b)the transfer of full-time detainees between correctional centres.
(3)A guideline is a notifiable instrument.
(4)In this section:
correctional centre includes a NSW correctional centre.
Work and activities by full-time detainee
(1)The director‑general may direct an offender, orally or in writing—
(a)to participate in an activity that the director‑general considers desirable for the offender’s welfare or training; or
(b)to do work at a correctional centre, or community service work outside a correctional centre, that the director‑general considers suitable for the offender.
(2)However, an offender is not required to do work (including community service work) or an activity the offender is not capable of doing.
(3)The director‑general may allow a remandee to do work at a correctional centre, or community service work outside a correctional centre, that the director‑general considers suitable for the remandee.
NoteA regulation may prescribe work to be community service work (see s 316).
Custody of full-time detainee—lawful absence from correctional centre
While lawfully absent from a correctional centre, a full-time detainee—
(a)remains in the director‑general’s custody; and
(b)if under escort by an escort officer—is also taken to be in the escort’s custody.
Examples of lawful absence from correctional centre
1 while doing community service work
2 while being moved to a correctional centre, court, hospital or other place under direction by the director‑general
Unlawful absence by offender—extension of sentence
If an offender is unlawfully absent from a correctional centre or other place during the term of the offender’s sentence of imprisonment, the absence is not to be counted in working out the period of the sentence served by the offender.
Examples of unlawful absence
the offender fails to return to a correctional centre as required after community service work or approved leave
Early release of offender
(1)This section applies if the term of an offender’s sentence of imprisonment is longer than 6 months.
(2)The director‑general may, in writing, direct that the offender be released from imprisonment—
(a)if the term of the sentence is less than 1 year—on any day within the 7‑day period before the offender’s release date; or
(b)if the term of the sentence is 1 year or longer—on any day within the 14-day period before the offender’s release date.
(3)For subsection (2), the director‑general may have regard to any of the following:
(a)the offender’s conduct while serving the sentence;
(b)any compassionate, health or employment-related circumstances applying to the offender;
(c)the management of the correctional centre where the offender is detained;
(d)anything else that the director‑general considers appropriate.
(4)If the director‑general gives a direction under subsection (2)—
(a)the offender may be released from imprisonment at any time on the day stated in the direction; and
(b)the offender’s sentence is taken to have ended when the offender is released under the direction.
Release at end of sentence
(1)An offender must be released from imprisonment on the offender’s release date for the sentence.
(2)The offender may be released from imprisonment at any time on the release date.
(3)However, if the release date is not a working day at the place of imprisonment, the offender may be released from imprisonment at any time during the last working day at that place before the release date if the offender asks to be released on that day.
NoteWorking day is defined in the Legislation Act, dict, pt 1.
(4)If the offender is released under subsection (3), the offender’s sentence is taken to have ended when the offender is released under that subsection.
Offender not to be released if serving another sentence etc
(1)An offender must not be released under section 31 or section 32 if—
(a)on the release date for the offender’s sentence (the current sentence), the offender is subject to another sentence of imprisonment to be served by full-time detention; and
(b)under the other sentence, the offender must be kept in full-time detention on or immediately after the release date for the current sentence.
(2)Also, the offender must not be released under section 31 or section 32 if, on the release date for the current sentence, the offender is otherwise required to be kept in custody in relation to an offence against a law of the Commonwealth, a State or another Territory.
Part 4.3Full-time detention in NSW
Application—pt 4.3
This part applies if the director‑general directs under section 26 (Full‑time detention in ACT or NSW) that a full-time detainee be removed to a NSW correctional centre.
Removal of full-time detainee to NSW
The direction is authority for an escort officer to transport the full‑time detainee in custody to the NSW correctional centre stated in the direction.
Full-time detention in NSW
(1)A full-time detainee may be kept in full-time detention at the NSW correctional centre stated in the direction, or at any other NSW correctional centre, until the detainee is released from imprisonment under this Act or another territory law.
(2)If the full-time detainee is serving a sentence of imprisonment, the detainee—
(a)is taken, while in full-time detention at a NSW correctional centre, to be serving the sentence of imprisonment at a correctional centre as required by the Crimes (Sentencing) Act 2005, section 10 (3) (Imprisonment); but
(b)until released from imprisonment under this Act or another territory law, may be dealt with as if the detainee’s sentence were a sentence imposed under New South Wales law.
(3)Despite subsection (2) (b)—
(a)the following provisions of this Act apply in relation to the full‑time detainee:
(i)section 30 (Unlawful absence by offender—extension of sentence);
(ii)section 31 (Early release of offender);
(iii)section 32 (Release at end of sentence);
(iv)section 33 (Offender not to be released if serving another sentence etc);
(v)chapter 7 (Parole);
(vi)section 198 (Board may require official reports);
(vii)chapter 13 (Release on licence, remission and pardon);
(viii)a provision prescribed by regulation; and
(b)the following provisions of the Corrections Management Act 2007 apply in relation to the detainee:
(i)section 94 (Segregated detainees removed to NSW);
(ii)a provision prescribed by regulation.
NoteThe Crimes (Administration of Sentences) Act 1999 (NSW), s 44 makes provision for ACT law to apply in relation to the full-time detainee.
Full-time detention—return from NSW
(1)The director‑general may, in writing, direct that the full-time detainee be returned to the ACT.
(2)Without limiting subsection (1), if the full-time detainee asks the director‑general to be released in the ACT from imprisonment under this Act or another territory law, the director‑general may direct that the detainee be returned to the ACT for the release.
(3)A direction is authority for an escort officer to transport the full-time detainee in custody for return to the ACT.
(4)The full-time detainee must be held in custody by an escort officer, or in detention at a correctional centre, until released from imprisonment under this Act or another territory law or returned to a NSW correctional centre.
(5)If the full-time detainee is not released, the director‑general’s direction is also authority for an escort officer to return the detainee to a NSW correctional centre.
(6)If the full-time detainee is returned to a NSW correctional centre under subsection (5), the detainee must be dealt with as if the detainee had not been returned to the ACT.
(7)To remove any doubt, this section does not apply if the full-time detainee is transferred to New South Wales under part 11.1 (Interstate transfer of prisoners).
(8)In this section:
release includes—
(a)release under part 7.3 (Release under parole order); and
(b)release under chapter 13 (Release on licence, remission and pardon), whether by release on licence or because of a remission or pardon.
Full-time detention—release in NSW
(1)If the full-time detainee is released from imprisonment in New South Wales under this Act or another territory law, the detainee is entitled to be returned to the ACT at the cost of the Territory.
(2)In this section:
release—see section 37 (8).
Chapter 5Intensive correction orders
Part 5.1Preliminary
Application—ch 5
This chapter applies to an offender sentenced to imprisonment if the sentencing court makes an intensive correction order in relation to the offender.
Definitions—ch 5
In this chapter:
additional condition, of an offender’s intensive correction order, means—
(a)a condition of the order made by the sentencing court under the Crimes (Sentencing) Act 2005, section 11 after the court has considered an intensive correction assessment for the order; or
(b)a condition of the order imposed under—
(i)part 5.6 (Supervising intensive correction orders); or
(ii)part 5.7 (Intensive correction orders—amendment and discharge); or
(c)if a condition is amended under part 5.6 or part 5.7—the condition as amended.
community service condition, of an intensive correction order for an offender—see the Crimes (Sentencing) Act 2005, section 80A.
core condition, of an offender’s intensive correction order, means a core condition under section 42.
intensive correction—see the Crimes (Sentencing) Act 2005, dictionary.
intensive correction assessment means an assessment by the director-general about whether an intensive correction order is suitable for the offender.
intensive correction order—
(a)see the Crimes (Sentencing) Act 2005, section 11; and
(b)if the term of the intensive correction order is extended under section 80—includes the order as extended.
interested person, for an offender’s intensive correction order, means any of the following:
(a)the offender;
(b)the director-general;
(c)the director of public prosecutions.
rehabilitation program condition, of an intensive correction order for an offender—see the Crimes (Sentencing) Act 2005, section 80G.
Part 5.2Serving intensive correction
Intensive correction order obligations
(1)An offender must serve intensive correction in the period of the offender’s sentence in accordance with this part.
(2)To serve intensive correction, the offender must, during the period of the offender’s sentence comply with—
(a)the core conditions of the offender’s order; and
(b)any additional condition of the offender’s order; and
(c)any non-association order or place restriction order made by the sentencing court for the offender; and
(d)any requirement prescribed by regulation; and
(e)any other requirement under this Act or the Corrections Management Act 2007 that applies to the offender.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(3)A regulation may make provision in relation to electronic monitoring to monitor the offender’s compliance with a condition of the offender’s intensive correction order.
Intensive correction order—core conditions
(1)The core conditions of an offender’s intensive correction order are as follows:
(a)the offender must not commit—
(i)an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or
(ii)an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment;
(b)if the offender is charged with an offence against a law in force in Australia or elsewhere—the offender must tell the director‑general about the charge as soon as possible, but within 2 days after the day the offender becomes aware of the charge;
(c)if the offender’s contact details change—the offender must tell the director-general about the change as soon as possible, but not later than 1 day after the day the offender becomes aware of the change of details;
(d)the offender must comply with any direction given to the offender by the director-general under this Act or the Corrections Management Act 2007 in relation to the intensive correction order;
(e)the offender—
(i)is on probation under the supervision of the director‑general; and
(ii)must comply with the director-general’s reasonable directions in relation to the probation;
(f)any test sample given by the offender under a direction under section 43 (Intensive correction order—alcohol and drug tests) must not be positive;
(g)the offender must not use or obtain a drug;
NoteDrug—see the Corrections Management Act 2007, s 132.
(h)the offender must not—
(i)leave the ACT without the director-general’s approval; or
(ii)leave Australia without the board’s written approval;
(i)if leaving the ACT or Australia, the offender must comply with any condition of the approval to leave;
(j)the offender must comply with any direction given to the offender by the director-general to—
(i)live at any premises; or
(ii)undertake any program; or
(iii)report to a corrections officer; or
(iv)allow a corrections officer to visit the place where the offender lives at any reasonable time;
(k)the offender must comply with any notice made under section 63 to attend a hearing of the board;
(l)any condition prescribed by regulation that applies to the offender.
(2)If an offender applies to the director-general for approval for a change in the offender’s contact details, the director-general must—
(a)approve, or refuse to approve, the change to which the application relates; and
(b)give the offender notice of the decision, orally or in writing.
(3)An application for approval under subsection (2)—
(a)may be made orally or in writing; and
(b)must be made—
(i)before the change to which it applies; or
(ii)if it is not possible to apply before the change—as soon as possible after, but not later than 1 day after, the day of the change.
(4)In this section:
contact details means the offender’s—
(a)home address or phone number; and
(b)work address or phone number; and
(c)mobile phone number.
Intensive correction order—alcohol and drug tests
(1)The director-general may direct an offender, orally or in writing, to give a test sample during the offender’s sentence of imprisonment by intensive correction.
(2)The provisions of the Corrections Management Act 2007 relating to alcohol and drug tests apply in relation to a direction under this section and any sample given under the direction.
43AIntensive correction order—end
An intensive correction order for an offender ends—
(a)at the end of the term of the order; or
(b)if the order is cancelled earlier under part 5.6 (Supervising intensive correction)—when the cancellation takes effect.
NoteAn intensive correction order includes the term of the order as extended under s 80 (see s 40).
Part 5.3Intensive correction order—community service work
Application—pt 5.3
This part applies if an offender’s intensive correction order is subject to a community service condition.
Intensive correction orders—compliance with community service condition
To comply with a community service condition of an offender’s intensive correction order, the offender must comply with the requirements of this part.
Intensive correction orders—community service work—director-general directions
(1)The director-general may direct an offender, orally or in writing, to do community service work that the director-general considers suitable for the offender.
(2)The direction must include details of the following:
(a)the community service work the offender must do;
(b)the place to which the offender must report for the work (the reporting place);
(c)the time when the offender must report;
(d)the person (if any) to whom the offender must report (the work supervisor);
(e)the person the offender must tell if subsection (8) applies (the corrections supervisor).
(3)The direction may also include a requirement that the offender must comply with when reporting to do the community service work.
NoteFor examples of reporting requirements directed by the director-general, see s 91 (3) (Good behaviour orders—community service work—director-general directions).
(4)A direction under this section takes effect—
(a)when it is given to the offender; or
(b)if a later date of effect is stated in the direction—on the date stated.
(5)The offender must comply with the direction.
(6)However—
(a)the offender is not required to do work the offender is not capable of doing; and
(b)the direction must, as far as practicable, avoid any interference with the offender’s normal attendance at another place for work or at an educational institution.
(7)The offender must also comply with any reasonable direction given to the offender, orally or in writing, by the work supervisor in relation to the community service work.
(8)If the offender cannot comply with the director-general’s direction under this section, the offender must—
(a)tell the corrections supervisor as soon as possible; and
(b)comply with the corrections supervisor’s directions.
NoteFor examples where the offender cannot comply, see s 91 (8) (Good behaviour orders—community service work—director-general directions).
Intensive correction orders—community service work—failure to report etc
(1)Subsection (2) applies if an offender fails to—
(a)report to do community service work in accordance with a direction under section 46; or
(b)do community service work in accordance with a direction under section 46; or
(c)comply with a reasonable direction given to the offender by the work supervisor under section 46 in relation to the work.
(2)The director-general may direct the offender, orally or in writing, not to do the community service work and to leave the place where it was to be done.
(3)Subsection (4) applies if—
(a)an offender fails to report to do community service work for a period (a work period) in accordance with a direction under section 46; and
(b)the offender is at the time of the work period—
(i)remanded in custody under a territory law or a law of the Commonwealth or a State; or
(ii)detained at a place under the Mental Health Act 2015.
(4)The offender is taken to have performed community service work in accordance with the direction for the work period.
(5)Subsection (6) applies if—
(a)an offender fails to do community service work for a period (the unworked period) in accordance with a direction under section 46; and
(b)the director-general is satisfied the offender’s failure to do the community service work in accordance with the direction for the unworked period is because of circumstances preventing the work from being done, that were beyond the offender’s control.
Examples—par (b)
1community service work cannot be done because of weather conditions
2community service work cannot be done because of unforeseeable absence of supervising staff
(6)The director-general may direct that the offender is taken to have done the community service work in accordance with the direction for a period that is not more than the unworked period.
(7)However, before making a direction under subsection (6), the director-general must—
(a)consider the purposes of sentencing under the Crimes (Sentencing) Act 2005, section 7; and
(b)be satisfied the total period the offender is taken to have done community service work during all unworked periods is not more than—
(i)8 hours in a week; or
(ii)10% of the total number of hours of community service work required to be performed by the offender.
Intensive correction orders—community service work—maximum daily hours
(1)An offender must not do, or be credited with, more than 8 hours of community service work on any day.
(2)To work out the time spent by the offender doing community service work—
(a)only actual work time, and any breaks from work approved by the work supervisor or corrections supervisor under section 46, is counted; and
(b)if the total work time on any day includes part of an hour, that part is counted as 1 hour.
NoteFor examples of maximum daily hours, see s 93 (2) (Good behaviour orders—community service work—maximum daily hours).
48AIntensive correction orders—community service work—therapy and education program limit
Participation in a program for therapy or education must not make up more than 25% of the total number of hours of community service work required to be performed by an offender subject to a community service condition under an intensive correction order.
Intensive correction orders—community service work—health disclosures
An offender must tell the director-general as soon as possible about any change of which the offender is aware in the offender’s physical or mental condition that affects the offender’s ability to do community service work safely.
Example—unsuitability
The indicators of unsuitability for community service set out in the Crimes (Sentencing) Act 2005, s 80D.
Intensive correction orders—community service work—alcohol and drug tests
(1)The director-general may direct an offender, orally or in writing, to give a test sample when reporting to do community service work.
(2)The provisions of the Corrections Management Act 2007 relating to alcohol and drug tests apply in relation to a direction under this section and any sample given under the direction.
Intensive correction orders—community service work—reports by entities
(1)This section applies if the Territory makes an agreement with an entity under which the offender may participate in community service work for the entity.
(2)The director-general must ensure that the agreement requires the entity, on the director-general’s request, to give the director-general written reports about the offender’s participation in the community service work.
Part 5.4Intensive correction order—rehabilitation programs
Application—pt 5.4
This part applies if an offender’s intensive correction order is subject to a rehabilitation program condition.
Intensive correction orders—rehabilitation program condition—compliance
To comply with a rehabilitation program condition of an offender’s intensive correction order, the offender must comply with the requirements of this part.
Intensive correction orders—rehabilitation programs—director-general directions
(1)The director-general may give an offender directions, orally or in writing, in relation to a rehabilitation program condition to which the offender’s intensive correction order is subject.
(2)Without limiting subsection (1), a direction may include details of the following:
(a)the program the offender must attend;
(b)the place to which the offender must report for the program;
(c)the time when the offender must report;
(d)the person (if any) to whom the offender must report.
Intensive correction orders—rehabilitation program providers—reports by providers
(1)This section applies if the Territory makes an agreement with an entity under which an offender may participate in a rehabilitation program provided by the entity.
(2)The director-general must ensure that the agreement requires the entity, on the director-general’s request, to give the director-general written reports about the offender’s participation in the rehabilitation program.
Part 5.5Intensive correction order—curfew
Application—pt 5.5
This part applies if an offender’s intensive correction order is subject to a curfew condition.
Compliance with curfew
To comply with a curfew condition of an offender’s intensive correction order, the offender must comply with the requirements of this part.
Curfew—directions
(1)A curfew condition of an intensive correction order must include details of the following:
(a)the place where the offender must remain for the curfew;
(b)the period of time (not longer than the offender’s sentence) that the curfew will be in place.
(2)The director‑general may, at any time while a curfew condition is in effect, direct the offender to remain at a different place for the curfew if satisfied that each adult who is living at the place, or has parental responsibility or guardianship for a person who is living at the place, consents to the place being used for that purpose.
(3)The sentencing court may recommend an amount of time that the offender should remain at the curfew place each day.
(4)The director-general may, after taking into account any recommendation of the sentencing court, direct the offender, orally or in writing, to remain at the curfew place for a period of time (not more than 12 hours in a 24-hour period) each day.
Example
Max is directed to comply with a curfew. Max may be required to remain at the curfew place between 10 pm and 7 am, and between 3 pm and 6 pm on Mondays, Wednesdays and Fridays.
(5)A direction under this section takes effect—
(a)when it is given to the offender; or
(b)if a later date of effect is stated in the direction—on the date stated.
(6)The offender must comply with a direction under this section.
(7)In this section:
curfew place means—
(a)the place detailed in the curfew condition under subsection (1) (a); or
(b)if the director-general directs the offender to remain at a different place under subsection (2)—the different place.
Part 5.6Supervising intensive correction orders
Division 5.6.1 Intensive correction orders—supervision
Corrections officers to report breach of intensive correction order obligations
(1)This section applies if a corrections officer believes on reasonable grounds that an offender has breached any of the offender’s intensive correction order obligations.
(2)The corrections officer must report the belief to—
(a)the board; or
(b)if the belief is that the offender was convicted or found guilty of an offence mentioned in section 65 (1) by a court other than an ACT court—the sentencing court.
(3)A report under this section must be made in writing and set out the grounds for the corrections officer’s belief.
Arrest without warrant—breach of intensive correction order obligations
(1)This section applies if a police officer believes on reasonable grounds that an offender has breached any of the offender’s intensive correction order obligations.
(2)The police officer may arrest the offender without a warrant.
(3)A police officer who arrests an offender under this section must, as soon as practicable, bring the offender before—
(a)the board; or
(b)if section 65 would apply because of the breach—the sentencing court.
(4)However, if the board or sentencing court is not sitting, the police officer must, as soon as practicable, bring the offender before a magistrate for a decision in relation to bail until the offender can be brought before the board or sentencing court.
NoteFor remanding or granting bail to the offender, see the Bail Act 1992.
Arrest warrant—breach of intensive correction order obligations
(1)A judge or magistrate may issue a warrant for an offender’s arrest if satisfied, by information on oath that there are reasonable grounds for suspecting that the offender has breached, or will breach, any of the offender’s intensive correction order obligations.
(2)The warrant must—
(a)be in writing signed by the judge or magistrate; and
(b)be directed to all police officers or a named police officer; and
(c)state briefly the matter on which the information is based; and
(d)order the arrest and bringing of the offender before the board or sentencing court.
(3)A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before—
(a)the board; or
(b)if section 65 would apply because of the breach—the sentencing court.
(4)However, if the board or sentencing court is not sitting, the police officer must, as soon as practicable, bring the offender before a magistrate for a decision in relation to bail until the offender can be brought before the board or sentencing court.
NoteFor remanding or granting bail to the offender, see the Bail Act 1992.
Amendment history
Commencement
s 2om LA s 89 (4)
Main object of Act
s 6am A2006‑23 amdt 1.169
Treatment of sentenced offenders
s 7am A2006‑23 amdt 1.169; A2016‑4 s 51
Treatment of remandees
s 8am A2006‑23 amdt 1.169
Treatment of other people in custody
s 9am A2006‑23 amdt 1.169; A2007‑15 amdt 1.11
Application—pt 3.1
s 10am A2006‑23 amdt 1.137, amdt 1.138; A2007‑15 amdt 1.12; A2010‑21 s 4
note 2 exp 2 June 2011 (s 352 (2))
am A2016‑4 s 52; pars renum R37 LA; A2020‑42 s 33; pars renum R52 LA
Effect of committal order
s 11am A2011‑22 amdt 1.141
Warrant for imprisonment
s 12am A2011‑22 amdt 1.141, amdt 1.142; A2025‑29 amdt 4.48
Custody of sentenced offender
s 13am A2006‑23 amdt 1.169; A2011‑22 amdt 1.141
Imprisonment not affected by want of proper warrant
s 14am A2006‑23 amdt 1.169
Application—pt 3.2
s 15am A2006‑23 amdt 1.139
note exp 2 June 2011 (s 352 (2))
Effect of remand order
s 16am A2011‑22 amdt 1.141
Warrant for remand
s 17am A2011‑22 amdt 1.141, amdt 1.142; A2012‑13 amdt 1.19; A2025‑29 amdt 4.48
Custody of remandee
s 18am A2006‑23 amdt 1.169; A2008‑19 amdt 1.21; A2011‑22 amdt 1.141; A2012‑13 amdt 1.20
Remand not affected by want of proper warrant
s 19am A2006‑23 amdt 1.169
Directions to escort officers
s 20am A2011‑22 amdt 1.141
Orders to bring offender or remandee before court etc
s 21am A2011‑22 amdt 1.141, amdt 1.142
Application—ch 4
s 22am A2011‑22 amdt 1.142
Definitions—ch 4
s 23def recommitted am A2011‑22 amdt 1.142; A2016‑4 s 53; A2020‑42 s 34; pars renum R52 LA
Full-time detention obligations
s 24am A2006‑23 amdt 1.169; A2011‑22 amdt 1.142
Full-time detention—director‑general directions
s 25 hdgam A2011‑22 amdt 1.141
s 25am A2011‑22 amdt 1.141
Full-time detention in ACT or NSW
s 26am A2006‑23 amdt 1.140, amdt 1.141; A2009‑7 amdt 1.5; A2011‑22 amdt 1.141
Guidelines—allocation of detainees to correctional centres
s 27am A2011‑22 amdt 1.141; A2025‑29 amdt 4.48
Work and activities by full-time detainee
s 28am A2011‑22 amdt 1.141
Custody of full-time detainee—lawful absence from correctional centre
s 29am A2011‑22 amdt 1.141, amdt 1.142
Early release of offender
s 31am A2011‑22 amdt 1.141
Application—pt 4.3
s 34am A2011‑22 amdt 1.141
Full-time detention in NSW
s 36am A2006‑23 amdt 1.169, amdt 1.170; A2007‑15 amdt 1.13, amdt 1.14
Full-time detention—return from NSW
s 37am A2006‑23 amdt 1.170; A2011‑22 amdt 1.141, amdt 1.142
Intensive correction orders
ch 5 hdgsub A2016‑4 s 54
Preliminary
pt 5.1 hdgsub A2016‑4 s 54
Application—ch 5
s 39am A2010‑21 s 5; A2014‑58 amdt 1.2
sub A2016‑4 s 54
Definitions—ch 5
s 40sub A2016‑4 s 54
def additional condition sub A2016‑4 s 54
def community service condition ins A2016‑4 s 54
def core condition sub A2016‑4 s 54
def detention period om A2016‑4 s 54
def finishing time om A2016‑4 s 54
def intensive correction ins A2016‑4 s 54
def intensive correction assessment ins A2016‑4 s 54
def intensive correction order ins A2016‑4 s 54
sub A2020‑42 s 35
def interested person ins A2016‑4 s 54
def periodic detention om A2016‑4 s 54
def periodic detention obligations om A2016‑4 s 54
def periodic detention period om A2016‑4 s 54
def rehabilitation program condition insA2016‑4 s 54
def reporting day om A2016‑4 s 54
def reporting place om A2016‑4 s 54
def reporting time om A2016‑4 s 54
Serving intensive correction
pt 5.2 hdgsub A2016‑4 s 54
Intensive correction order obligations
s 41am A2012‑34 s 35
sub A2016‑4 s 54
Periodic detention—effect on sentence of imprisonment
s 41Ains A2011‑57 s 8
om A2016‑4 s 54
Intensive correction order—core conditions
s 42am A2006‑23 amdt 1.169
sub A2016‑4 s 54
am A2016‑48 s 25, s 26
Intensive correction order—alcohol and drug tests
s 43am A2006‑23 amdt 1.169; A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction order—end
s 43Ains A2020‑42 s 36
Intensive correction order—community service work
pt 5.3 hdgsub A2016‑4 s 54
Application—pt 5.3
s 44 hdgam A2011‑22 amdt 1.141
s 44am A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction orders—compliance with community service condition
s 45am A2006‑23 amdt 1.169; A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction orders—community service work—director-general directions
s 46sub A2006‑23 amdt 1.142
am A2006‑23 amdt 1.169; A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction orders—community service work—failure to report etc
s 47am A2011‑22 amdt 1.142
sub A2016‑4 s 54
am A2024‑26 s 4
Intensive correction orders—community service work—failure to report etc—COVID-19 emergency
s 47Ains A2020-11 amdt 1.20
exp 29 September 2023 (s 322A)
Intensive correction orders—community service work—maximum daily hours
s 48sub A2016‑4 s 54
Intensive correction orders—community service work—therapy and education program limit
s 48Ains A2018‑43 s 4
Intensive correction orders—community service work—health disclosures
s 49am A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction orders—community service work—alcohol and drug tests
s 50am A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction orders—community service work—reports by entities
s 51am A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction order—rehabilitation programs
pt 5.4 hdgsub A2016‑4 s 54
Breach of periodic detention obligations
div 5.4.1 hdg om A2016‑4 s 54
Review of decisions about performing periodic detention
div 5.4.2 hdg om A2016‑4 s 54
Periodic detention management
div 5.4.3 hdg om A2016‑4 s 54
Change, suspension and cancellation of periodic detention
div 5.4.4 hdg om A2016‑4 s 54
Application—pt 5.4
s 52am A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction orders—rehabilitation program condition—compliance
s 53am A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction orders—rehabilitation programs—director-general directions
s 54sub A2016‑4 s 54
Intensive correction orders—rehabilitation program providers—reports by providers
s 55am A2011‑22 amdt 1.141; A2012‑34 s 36
sub A2016‑4 s 54
Intensive correction order—curfew
pt 5.5 hdgins A2016‑4 s 54
Application—pt 5.5
s 56am A2011‑22 amdt 1.141; A2011‑57 s 9
sub A2016‑4 s 54
Compliance with curfew
s 57sub A2016‑4 s 54
Periodic detention—offender in custody for other reasons
s 57Ains A2012‑34 s 37
am A2014‑6 s 10; A2015‑38 amdt 2.74
om A2016‑4 s 54
Curfew—directions
s 58am A2011‑22 amdt 1.141
sub A2016‑4 s 54
am A2016‑48 ss 27-29; ss renum R39 LA
Supervising intensive correction orders
pt 5.6 hdgins A2016‑4 s 54
Intensive correction orders—supervision
div 5.6.1 hdg ins A2016‑4 s 54
Corrections officers to report breach of intensive correction order obligations
s 59am A2011‑22 amdt 1.141
sub A2016‑4 s 54
am A2021‑6 s 10
Corrections officer’s actions for breach of intensive correction order obligations—COVID-19 emergency
s 59Ains A2020-14 amdt 1.47
exp 29 September 2023 (s 322A)
Arrest without warrant—breach of intensive correction order obligations
s 60am A2011‑22 amdt 1.141
sub A2016‑4 s 54
am A2021‑6 s 11
Arrest warrant—breach of intensive correction order obligations
s 61am A2007‑15 amdt 1.15; A2011‑22 amdt 1.141
sub A2016‑4 s 54
am A2021‑6 s 12, s 13
Intensive correction orders—breach
div 5.6.2 hdg ins A2016‑4 s 54
Board inquiry—breach of intensive correction order obligations
s 62am A2006‑23 amdt 1.169; A2011‑22 amdt 1.141, amdt 1.142
sub A2016‑4 s 54
am A2020-14 amdt 1.48; A2021‑6 s 14
(2) (d) exp 29 September 2023 (s 322A)
Notice of inquiry—breach of intensive correction order obligations
s 63am A2011‑22 amdt 1.141, amdt 1.142
sub A2016‑4 s 54
am A2023‑21 s 16, s 17
Board powers—breach of intensive correction order obligations
s 64sub A2016‑4 s 54
am A2020-11 amdt 1.21; A2021‑6 s 15
(3A) exp 29 September 2023 (s 322A)
Cancellation of intensive correction order on further conviction etc
s 65sub A2016‑4 s 54
am A2018‑43 s 5; A2021‑6 s 16, s 17; ss renum R58 LA
Cancellation of intensive correction order if offender withdraws consent
s 66am A2011‑22 amdt 1.141
sub A2016‑4 s 54
Suspension and cancellation of intensive correction order
div 5.6.3 hdg ins A2016‑4 s 54
Application—div 5.6.3
s 67am A2011‑22 amdt 1.141
sub A2016‑4 s 54
Notice of board decisions about intensive correction order
s 68am A2008‑7 amdt 1.45; A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction order—effect of suspension or cancellation
s 69 hdgsub A2012‑34 s 38
s 69am A2008‑7 amdt 1.46; A2011‑22 amdt 1.141; A2012‑34 s 39; ss renum R26 LA
sub A2016‑4 s 54
am A2020‑42 s 37
Intensive correction orders—effect of suspension or cancellation on other intensive correction order
s 70am A2008‑7 amdt 1.47; A2012‑34 s 40
sub A2016‑4 s 54
Intensive correction orders—effect of suspension or cancellation on parole
s 71 hdgam A2011‑22 amdt 1.141
s 71am A2011‑22 amdt 1.141, amdt 1.142; A2015‑50 amdt 3.84
sub A2016‑4 s 54
Suspension or cancellation of intensive correction order—recommittal to full-time detention
s 72 hdgam A2011‑22 amdt 1.141
sub A2016‑4 s 54
Cancellation of intensive correction order—offender may apply for order to be reinstated
s 73am A2011‑22 amdt 1.141
sub A2016‑4 s 54
am A2018‑43 s 6
Intensive correction orders—amendment or discharge
pt 5.7 hdgins A2016‑4 s 54
Court powers—amendment or discharge of intensive correction order
s 74am A2011‑22 amdt 1.141
sub A2016‑4 s 54
Intensive correction orders—limitations on amendment or discharge
s 75am A2007‑15 amdt 1.16, amdt 1.17; ss renum R3 LA; A2011‑22 amdt 1.141; A2011‑57 s 10
sub A2016‑4 s 54
Intensive correction orders—reporting and records
pt 5.8 hdgins A2016‑4 s 54
Record-keeping by director-general
s 76sub A2016‑4 s 54
Authorised person may access data
s 77am A2011‑22 amdt 1.141; A2015‑50 amdt 3.84
sub A2016‑4 s 54
Intensive correction orders—miscellaneous
pt 5.9 hdgins A2016‑4 s 54
Intensive correction order proceedings—rights of interested person
s 78sub A2016‑4 s 54
Intensive correction order cancellation by court—official notice of sentence
s 78Ains A2018‑43 s 7
Intensive correction order—court and board powers after end of order
s 79sub A2016‑4 s 54
Intensive correction orders—outstanding warrants
s 80sub A2016‑4 s 54; A2018‑43 s 8; A2020‑42 s 38
Review—ch 5
s 81sub A2016‑4 s 54
exp 2 March 2020 (s 81 (2))
Drug and alcohol treatment orders
ch 5A hdgins A2019‑31 s 9
Preliminary
pt 5A.1 hdgins A2019‑31 s 9
Application—ch 5A
s 82am A2011‑22 amdt 1.142; A2011‑57 s 11
om A2016‑4 s 54
ins A2019‑31 s 9
Drug and alcohol treatment orders—undertaking treatment
pt 5A.2 hdgins A2019‑31 s 9
Drug and alcohol treatment order—drug and alcohol tests
s 82Ains A2007‑15 amdt 1.18
om A2016‑4 s 54
ins A2019‑31 s 9
Drug and alcohol treatment orders—effect of cancellation
pt 5A.3 hdgins A2019‑31 s 9
Application—pt 5A.3
s 82Bins A2019‑31 s 9
am A2023‑40 s 4, s 5
Drug and alcohol treatment order—effect of cancellation
s 82Cins A2019‑31 s 9
Drug and alcohol treatment orders—reporting and records
pt 5A.4 hdgins A2019‑31 s 9
Record-keeping by director-general
s 82Dins A2019‑31 s 9
Authorised person may access data
s 82Eins A2019‑31 s 9
Definitions—ch 6
s 84def community service condition am A2006‑23 amdt 1.143
def interested person am A2011‑22 amdt 1.141
Good behaviour obligations
s 85am A2006‑23 amdt 1.169
Good behaviour—core conditions
s 86am A2006‑23 amdt 1.169; A2011‑22 amdt 1.141, amdt 1.142; A2016‑4 s 55
Good behaviour—chief executive directions
s 87am A2011‑22 amdt 1.141
Good behaviour orders—compliance with community service condition
s 90 hdgsub A2016‑4 s 56
Good behaviour orders—community service work—director-general directions
s 91 hdgam A2011‑22 amdt 1.141
sub A2016‑4 s 57
s 91am A2011‑22 amdt 1.141, amdt 1.142
Good behaviour orders—community service work—failure to report etc
s 92 hdgsub A2016‑4 s 58
s 92am A2011‑22 amdt 1.141; A2014‑6 s 11, s 12; A2015‑38 amdt 2.74; A2024‑26 s 5
Good behaviour orders—community service work—failure to report etc—COVID-19 emergency
s 92Ains A2020-11 amdt 1.22
exp 29 September 2023 (s 322A)
Good behaviour orders—community service work—maximum daily hours
s 93 hdgsub A2016‑4 s 59
Good behaviour orders—community service work—therapy and education program limit
s 93Ains A2018‑43 s 9
Good behaviour orders—community service work—health disclosures
s 94 hdgsub A2016‑4 s 60
s 94am A2011‑22 amdt 1.141
Good behaviour orders—community service work—alcohol and drug tests
s 95 hdgsub A2016‑4 s 61
s 95am A2006‑23 amdt 1.169; A2008‑19 amdt 1.22; A2009‑24 amdt 1.8, amdt 1.9; A2011‑22 amdt 1.141
Good behaviour orders—community service work—frisk searches
s 96 hdgsub A2016‑4 s 62
s 96am A2006‑23 amdt 1.144, amdt 1.169; A2008‑19 amdt 1.23; A2009‑24 amdt 1.10, amdt 1.11; A2011‑22 amdt 1.141
Good behaviour orders—community service work—reports by entities
s 97 hdgsub A2016‑4 s 63
s 97am A2011‑22 amdt 1.141, amdt 1.142
Good behaviour orders—compliance with rehabilitation program condition
s 99 hdgsub A2016‑4 s 64
Good behaviour orders—rehabilitation programs—director-general directions
s 100 hdgam A2011‑22 amdt 1.141
sub A2016‑4 s 65
s 100am A2011‑22 amdt 1.141
Good behaviour orders—rehabilitation program providers—reports by providers
s 101 hdgsub A2016‑4 s 66
s 101am A2011‑22 amdt 1.141, amdt 1.142
Good behaviour—breach of good behaviour obligation
s 102am A2008‑19 amdt 1.24; A2009‑24 amdt 1.12; A2011‑22 amdt 1.141
sub A2023‑21 s 18
Corrections officer’s actions for breach of good behaviour obligations—COVID-19 emergency
s 102Ains A2020-14 amdt 1.49
am A2023‑21 s 19; R61 LA; R63 LA
exp 29 September 2023 (s 322A)
Court powers—breach of good behaviour obligations
s 108am A2011‑22 amdt 1.141
Cancellation of good behaviour order with suspended sentence order
s 110am A2016‑4 s 67
Court imposed fines
ch 6A hdgins A2010‑21 s 6
General
pt 6A.1 hdgins A2010‑21 s 6
Definitions—ch 6A
s 116Ains A2010‑21 s 6
def administrative fee ins A2010‑21 s 6
def default ins A2010‑21 s 6
def default notice ins A2010‑21 s 6
def earnings redirection order ins A2010‑21 s 6
def enforcement officer ins A2010‑21 s 6
am A2011‑22 amdt 1.141
def examination hearing ins A2010‑21 s 6
def examination notice ins A2010‑21 s 6
def examination warrant ins A2010‑21 s 6
def fine ins A2010‑21 s 6
am A2016‑12 amdt 3.3
def fine defaulter ins A2010‑21 s 6
def fine enforcement order ins A2010‑21 s 6
def outstanding fine ins A2010‑21 s 6
def penalty notice ins A2010‑21 s 6
def property seizure order ins A2010‑21 s 6
def registrar ins A2010‑21 s 6
def reminder notice ins A2010‑21 s 6
def territory entity ins A2010‑21 s 6
def voluntary community work order ins A2010‑21 s 6
def young fine defaulter ins A2010‑21 s 6
Payment of fine
s 116Bins A2010‑21 s 6
am A2011‑22 amdt 1.141
Penalty notices, default notices and payment arrangements
pt 6A.2 hdgins A2010‑21 s 6
Registrar to send penalty notice
s 116Cins A2010‑21 s 6
am A2011‑22 amdt 1.141; A2020‑42 s 39; A2023‑33 s 5
Offender to give registrar contact details
s 116D hdgsub A2023‑33 s 6
s 116Dins A2010‑21 s 6
am A2023‑33 ss 7-10
Registrar may ask other people for offender’s contact details
s 116E hdgsub A2023‑33 s 11
s 116Eins A2010‑21 s 6
am A2015‑15 amdt 3.21; A2023‑33 s 12, s 13
Doubtful service
s 116Fins A2010‑21 s 6
Liability for administrative fee
s 116Gins A2010‑21 s 6
Default notice
s 116Hins A2010‑21 s 6
am A2011‑22 amdt 1.141; A2023‑33 s 14
Form of default notice
s 116Iins A2010‑21 s 6
am A2011‑22 amdt 1.141; A2011‑49 amdt 1.3; pars renum R21 LA; A2023‑33 s 15
Reminder notice
s 116Jins A2010‑21 s 6
am A2011‑22 amdt 1.141; A2023‑33 s 16
Payment arrangements
s 116Kins A2010‑21 s 6
am A2011‑22 amdt 1.141
Fine enforcement action
pt 6A.3 hdgins A2010‑21 s 6
Reporting fine defaulters
div 6A.3.1 hdg ins A2010‑21 s 6
Application—pt 6A.3
s 116Lins A2010‑21 s 6
Director‑general to notify road transport authority
s 116M hdgam A2011‑22 amdt 1.141
s 116Mins A2010‑21 s 6
am A2011‑22 amdt 1.141
Director‑general to notify credit reporting agency
s 116N hdgam A2011‑22 amdt 1.141
s 116Nins A2010‑21 s 6
am A2011‑22 amdt 1.141
om A2011‑49 amdt 1.4
Examining fine defaulter’s financial circumstances
div 6A.3.2 hdg ins A2010‑21 s 6
Examination by director‑general
s 116O hdgam A2011‑22 amdt 1.141
s 116Oins A2010‑21 s 6
am A2011‑22 amdt 1.141
Examination notice
s 116Pins A2010‑21 s 6
am A2011‑22 amdt 1.141
Examination notice—content
s 116Qins A2010‑21 s 6; A2013‑44 amdt 3.45
Examination warrant—issue
s 116Rins A2010‑21 s 6
am A2011‑22 amdt 1.141
Examination warrant—contents and execution
s 116Sins A2010‑21 s 6
am A2011‑22 amdt 1.141
Examination hearing before registrar
s 116Tins A2010‑21 s 6
am A2011‑22 amdt 1.141
Examination hearing warrant—issue
s 116Uins A2010‑21 s 6
am A2011‑22 amdt 1.141
Examination hearing warrant—contents and execution
s 116Vins A2010‑21 s 6
am A2011‑22 amdt 1.141
Fine enforcement orders—general
div 6A.3.3 hdg ins A2010‑21 s 6
Director‑general may apply for fine enforcement order
s 116W hdgam A2011‑22 amdt 1.141
s 116Wins A2010‑21 s 6
am A2011‑22 amdt 1.141
Magistrates court may make fine enforcement order
s 116Xins A2010‑21 s 6
am A2011‑22 amdt 1.141
Fine enforcement orders—earnings redirection orders
div 6A.3.4 hdg ins A2010‑21 s 6
Fine enforcement order—earnings redirection order
s 116Yins A2010‑21 s 6
Fine enforcement orders—financial institution deduction orders
div 6A.3.5 hdg ins A2010‑21 s 6
Financial institution deduction order
s 116Zins A2010‑21 s 6
Fine enforcement orders—property seizure orders
div 6A.3.6 hdg ins A2010‑21 s 6
Property seizure order
s 116ZAins A2010‑21 s 6
Property seizure order—authority to enter premises etc
s 116ZBins A2010‑21 s 6
am A2011‑22 amdt 1.141
Property seizure order—sale of seized property
s 116ZCins A2010‑21 s 6
am A2011‑22 amdt 1.141, amdt 1.142
Property seizure order—restoration application
s 116ZDins A2010‑21 s 6
am A2011‑22 amdt 1.141, amdt 1.142
Voluntary community work orders
div 6A.3.7 hdg ins A2010‑21 s 6
Voluntary community work order
s 116ZEins A2010‑21 s 6
am A2011‑22 amdt 1.141
Voluntary community work order—administration
s 116ZFins A2010‑21 s 6
am A2011‑22 amdt 1.141
Voluntary community work order—rate of discharge of outstanding fine
s 116ZGins A2010‑21 s 6
Voluntary community work order—noncompliance
s 116ZHins A2010‑21 s 6
Voluntary community work order—certificate of completion
s 116ZIins A2010‑21 s 6
Voluntary community work order—ends if outstanding fine paid
s 116ZJins A2010‑21 s 6
Imprisonment
div 6A.3.8 hdg ins A2010‑21 s 6
Imprisonment order
s 116ZKins A2010‑21 s 6
am A2011‑22 amdt 1.141, amdt 1.142
Imprisonment—periodic detention
s 116ZLins A2010‑21 s 6
am A2011‑22 amdt 1.141; A2014‑58 amdt 1.3, amdt 1.4
om A2016‑4 s 68
Imprisonment—rate of discharge of outstanding fine
s 116ZMins A2010‑21 s 6
am A2016‑4 s 69
Imprisonment—release if outstanding fine paid
s 116ZNins A2010‑21 s 6
am A2011‑22 amdt 1.141
Miscellaneous
pt 6A.4 hdgins A2010‑21 s 6
Remission of fine by director‑general
s 116ZO hdgam A2011‑22 amdt 1.141
s 116ZOins A2010‑21 s 6
am A2011‑22 amdt 1.141
Time served in custody to count
s 116ZPins A2010‑21 s 6
am A2011‑27 amdt 1.9
Reparation order agreements
s 116ZQins A2010‑21 s 6
am A2011‑22 amdt 1.141
Apportionment of fine amounts
s 116ZRins A2010‑21 s 6
am A2016‑12 amdt 3.4
Conviction or order quashed or set aside
s 116ZSins A2010‑21 s 6
am A2011‑49 amdt 1.5
Sharing information
s 116ZTins A2010‑21 s 6
am A2011‑22 amdt 1.141; A2023‑33 s 17
Orders may be made on conditions
s 116ZUins A2010‑21 s 6
Definitions—ch 7
s 117def non-ACT offence ins A2019‑45 s 4
def victim om A2006‑23 amdt 1.145
Parole—meaning of registered victim and victim
s 118Ains A2006‑23 amdt 1.146
Applications for parole
s 121am A2025‑29 amdt 4.48
Board may reject parole application without inquiry
s 122am A2011‑22 amdt 1.141; A2015‑3 s 26; A2015‑50 amdt 3.84
Board to seek victim’s views for parole inquiry
s 123am A2008‑20 amdt 3.18; A2011‑22 amdt 1.141
Notice to victims for parole inquiry
s 124am A2020‑42 ss 40-44; pars renum R52 LA
Parole applications—inquiry without hearing
s 125am A2011‑22 amdt 1.141
Parole applications—decision after inquiry without hearing
s 126am A2020-11 amdt 1.23
(2A), (2B) exp 29 September 2023 (s 322A)
Parole applications—notice of hearing
s 127am A2011‑22 amdt 1.141; A2020-11 amdt 1.24; A2020‑42 s 45
(2A) exp 29 September 2023 (s 322A)
Notice of decisions on parole applications
s 133am A2008‑20 amdt 3.19; A2011‑22 amdt 1.141
Parole obligations
s 136am A2006‑23 amdt 1.169
Parole order—core conditions
s 137am A2006‑23 amdt 1.169; A2011‑22 amdt 1.141
Parole—director‑general directions
s 138 hdgam A2011‑22 amdt 1.141
s 138am A2011‑22 amdt 1.141
Parole—alcohol and drug tests
s 138Ains A2006‑23 amdt 1.147
am A2011‑22 amdt 1.141
Parole—effect of custody during order
s 139am A2019‑45 s 5
Parole—when time is served against sentence
s 140 hdgsub A2019‑45 s 6
s 140am A2019‑45 s 7
Corrections officer’s actions for breach of parole obligations—COVID-19 emergency
s 143Ains A2020-14 amdt 1.50
exp 29 September 2023 (s 322A)
Arrest warrant—breach of parole obligations
s 145am A2019‑45 s 8
Board inquiry—breach of parole obligations
s 146am A2011‑22 amdt 1.141
Notice of inquiry—breach of parole obligations
s 147am A2011‑22 amdt 1.141
Board powers—breach of parole obligations
s 148am A2011‑22 amdt 1.141
Automatic cancellation of parole order for ACT offence
s 149am A2017‑9 s 5
Cancellation of parole order for non-ACT offence
s 150am A2012‑34 s 41; A2019‑45 s 9
Cancellation after parole order has ended
s 151am A2019‑45 s 10
Board inquiry—management of parole
s 153am A2006‑23 amdt 1.148; A2011‑22 amdt 1.141
Notice of inquiry—management of parole
s 154am A2011‑22 amdt 1.141
Parole order—commencement suspended before parole release date
s 155am A2011‑22 amdt 1.141
Board powers—management of parole
s 156am A2011‑22 amdt 1.141
Notice of board decisions about parole
s 157am A2011‑22 amdt 1.141; A2015‑50 amdt 3.84; A2019‑45 s 11, s 12
Parole order—effect of cancellation
s 160am A2019‑45 s 13
Cancellation of parole—recommittal to full-time detention
s 161am A2011‑22 amdt 1.142; A2019‑45 s 14
Parole time credit
pt 7.5A hdgins A2019‑45 s 15
Preliminary
div 7.5A.1 hdg ins A2019‑45 s 15
Application—pt 7.5A
s 161Ains A2019‑45 s 15
Definitions—pt 7.5A
s 161Bins A2019‑45 s 15
def family violence offence ins A2019‑45 s 15
def non-ACT family violence offence ins A2019‑45 s 15
def non-serious offence ins A2019‑45 s 15
def parole offence ins A2019‑45 s 15
def parole sentence ins A2019‑45 s 15
def parole time credit ins A2019‑45 s 15
def serious drug offence ins A2019‑45 s 15
def serious non-ACT offence ins A2019‑45 s 15
def serious offence ins A2019‑45 s 15
def serious violent offence ins A2019‑45 s 15
am A2021‑19 amdt 1.10
def sexual offence ins A2019‑45 s 15
Parole time credit—rules for applying
div 7.5A.2 hdg ins A2019‑45 s 15
General rule
s 161Cins A2019‑45 s 15
Exceptions—certain ACT offences
s 161Dins A2019‑45 s 15
Exceptions—certain non-ACT offences
s 161Eins A2019‑45 s 15
Appeal to Supreme Court—order by board
s 161Fins A2019‑45 s 15
Parole time credit—how to apply
div 7.5A.3 hdg ins A2019‑45 s 15
Working out parole time credit—general rule
s 161Gins A2019‑45 s 15
Working out parole time credit—exceptions
s 161Hins A2019‑45 s 15
Parole time credit—shortest period to apply
s 161Iins A2019‑45 s 15
Definitions—pt 7.6
s 162def parole order am A2014‑6 s 13
def sentence of imprisonment am A2006‑23 amdt 1.170
Parole order transfer—declaration of corresponding parole laws
s 163am A2013‑44 amdt 3.46; A2025‑29 amdt 4.48
Parole order transfer—registration requests
s 164am A2011‑22 amdt 1.141
Parole order transfer—documents for registration requests
s 165am A2023‑33 amdt 2.26
Parole order transfer—registration
s 167am A2011‑22 amdt 1.141
Parole order transfer—effect of registration under this Act
s 168am A2006‑23 amdt 1.149; A2019‑45 s 16; A2023‑42 s 35, s 36
Parole order transfer—evidence of registration
s 170am A2011‑22 amdt 1.141
Functions of board
s 172am A2008‑19 amdt 1.25, amdt 1.26; A2016‑4 s 70
Appointment of board members
s 174am A2014‑6 s 14; A2024‑16 s 18, s 19; pars renum R66 LA
Ending board member appointments
s 178am A2010‑30 amdt 1.21
Delegation by chief police officer
s 179Ains A2024‑16 s 20
Meaning of board’s supervisory functions
s 180am A2016‑4 s 71
Constitution of divisions of board
s 182am A2012‑34 s 42, s 43; A2020-11 amdt 1.25; A2021‑1 amdt 1.13
Quorum at board meetings
s 185am A2020-11 amdt 1.26; A2021‑1 amdt 1.14
Conduct of board meetings
s 187am A2008‑28 amdt 3.75
Confidentiality of board documents
s 192am A2011‑57 s 12
sub A2020‑42 s 46
Submissions for inquiry
s 197am A2011‑22 amdt 1.141
Board may require official reports
s 198am A2011‑22 amdt 1.141
Expenses—production of documents etc
s 200am A2006‑23 amdt 1.170
Notice of board hearing
s 204am A2011‑22 amdt 1.141; A2016‑4 s 72
Appearance by offender at board hearing
s 205am A2011‑22 amdt 1.141
Arrest of offender for board hearing
s 206am A2016‑4 s 73; A2019‑45 s 17; A2020‑42 s 47
Appearance at board hearing by audiovisual or audio link
s 207am A2010‑40 amdt 2.6; A2018‑9 s 39
Custody of offender during board hearing adjournment
s 210am A2020‑42 s 48, s 49
Record of board hearings
s 211am A2011‑22 amdt 1.141; A2011‑48 amdt 1.20; A2020‑42 s 50; A2025‑29 amdt 4.48
Board hearing—outstanding warrants
s 212Ains A2018‑43 s 10
om A2020‑42 s 51
Meaning of registered victim
s 213sub A2008‑19 amdt 1.27
Victims register—offenders other than young offenders
s 215sub A2008‑19 amdt 1.28
am A2011‑22 amdt 1.141
Victims register—young offenders
s 215Ains A2008‑19 amdt 1.28
am A2011‑22 amdt 1.141; A2021‑3 s 14
Disclosures to registered victims—offenders other than young offenders
s 216am A2006‑23 amdt 1.169
sub A2008‑19 amdt 1.28
am A2011‑22 amdt 1.141; A2016‑4 s 74
Disclosures to registered victims—young offenders
s 216Ains A2008‑19 amdt 1.28
am A2011‑22 amdt 1.141; A2016‑42 amdt 3.42, amdt 3.43; A2021‑3 s 15
Definitions—pt 11.1
s 217def ACT sentence of imprisonment am A2008‑20 amdt 4.33
Interstate transfer—corresponding courts and interstate laws
s 221am A2013‑44 amdt 3.46; A2025‑29 amdt 4.48
Interstate transfer—requests from ACT and joint prisoners for transfer to participating state
s 222am A2015‑50 amdt 3.84
Interstate transfer—requests from ACT and joint prisoners for transfer to non-participating territory
s 223am A2015‑50 amdt 3.84
Interstate transfer—receipt of request for transfer to ACT
s 226am A2015‑50 amdt 3.84
Interstate transfer—request for transfer to participating state
s 228am A2015‑50 amdt 3.84
Interstate transfer—necessary consents
s 229am A2011‑22 amdt 1.141
Interstate transfer—request by imprisoned person for transfer to ACT
s 236am A2015‑50 amdt 3.84
Meaning of community-based sentence
s 264am A2016‑4 s 75, s 76; A2019‑31 s 10; pars renum R48 LA
Community-based sentence transfer—appointment of local authority
s 269am A2011‑22 amdt 1.141
Community-based sentence transfer—decision on request
s 277am A2023‑21 s 20; ss renum R61 LA
Release on licence—notice of board inquiry
s 291am A2011‑22 amdt 1.141; A2020‑42 s 52
Release on licence—board to seek victim’s views
s 292am A2008‑20 amdt 3.20; A2011‑22 amdt 1.141; A2016‑52 amdt 1.58
Release on licence—notice of Executive decision
s 298am A2008‑20 amdt 3.21; A2011‑22 amdt 1.141; A2023‑33 amdt 2.27
Release on licence obligations
s 300am A2006‑23 amdt 1.169
Release on licence—core conditions
s 301am A2006‑23 amdt 1.169; A2011‑22 amdt 1.141
Release on licence—director‑general directions
s 302 hdgam A2011‑22 amdt 1.141
s 302am A2011‑22 amdt 1.141
Release on licence—alcohol and drug tests
s 302Ains A2006‑23 amdt 1.150
am A2011‑22 amdt 1.141
Corrections officers to report breach of release on licence obligations
s 303Ains A2011‑57 s 13
Board inquiry—review of release on licence
s 306am A2011‑22 amdt 1.141
Board inquiry—notice of review of release on licence
s 307am A2011‑22 amdt 1.141
Board powers—review of release on licence
s 308am A2011‑22 amdt 1.141
Release on licence—notice of board’s decision on review
s 311am A2011‑22 amdt 1.141; A2015‑50 amdt 3.84
Cancellation of licence—recommittal to full-time detention
s 312am A2011‑22 amdt 1.142
Prerogative of mercy
s 314Ains A2006‑23 amdt 1.151
am A2008‑19 amdt 1.29
Meaning of community service work
s 316am A2016‑4 s 77
sub A2018‑43 s 11
Protection from liability for people involved in community service work
s 317am A2011‑22 amdt 1.141
Community service work not to displace employees
s 318am A2011‑22 amdt 1.141
No employment contract for community service work
s 319am A2006‑23 amdt 1.169
Community service work—work health and safety
s 320 hdgsub A2009‑28 amdt 2.8; A2011‑55 amdt 1.7
s 320am A2009‑28 amdt 2.9, amdt 2.10; A2011‑22 amdt 1.141; A2011‑55 amdt 1.8
Sentence administration—young offenders
ch 14A hdgins A2008‑19 amdt 1.30
General
pt 14A.1 hdg ins A2008‑19 amdt 1.30
Purpose—ch 14A
s 320Ains A2008‑19 amdt 1.30
Youth justice principles to be considered
s 320Bins A2008‑19 amdt 1.30
sub A2009‑7 amdt 1.6
am A2011‑22 amdt 1.136; A2021-12 amdt 3.13
Young offenders and remandees—references to correctional centre and Corrections Management Act
s 320Cins A2008‑19 amdt 1.30
sub A2009‑7 amdt 1.6
Young offenders and remandees—references to director‑general
s 320D hdgam A2011‑22 amdt 1.141
s 320Dins A2008‑19 amdt 1.30
am A2009‑7 amdt 1.7; A2011‑22 amdt 1.141
Young remandees—remand to be at detention place
s 320Eins A2008‑19 amdt 1.30
am A2011‑22 amdt 1.141
Young offenders—administration of sentences other than imprisonment
s 320Fins A2008‑19 amdt 1.30
am A2009‑24 amdt 1.13; A2011‑22 amdt 1.141
Young offenders—breach of good behaviour obligations
s 320Gins A2008‑19 amdt 1.30
am A2009‑24 amdt 1.14; A2011‑22 amdt 1.141; A2023‑21 s 21; R61 LA; R63 LA
Sentencing court to deal with breaches
s 320Hins A2008‑19 amdt 1.30
Young offenders—transfer
s 320Iins A2008‑19 amdt 1.30
Young offenders—transfer of community-based sentences
s 320Jins A2008‑19 amdt 1.30
Young offenders—accommodation orders
pt 14A.2 hdg ins A2008‑19 amdt 1.30
Accommodation orders—contraventions
s 320Kins A2008‑19 amdt 1.30
Accommodation orders—resentencing for breach
s 320Lins A2008‑19 amdt 1.30
Director‑general directions—general
s 321 hdgam A2011‑22 amdt 1.141
s 321am A2011‑22 amdt 1.141, amdt 1.142
Director-general to give information—detainees etc subject to forensic mental health orders
s 321AAins A2014‑51 amdt 1.36
am A2015‑38 amdt 2.75, amdt 2.76
Evidentiary certificates
s 321Ains A2006‑23 amdt 1.152
am A2011‑22 amdt 1.141, amdt 1.142; A2016‑4 s 78, s 79; A2025‑29 amdt 4.48
Criminology or penology research
s 322am A2006‑23 amdt 1.169; A2011‑22 amdt 1.141, amdt 1.142
Guidelines for corrections officer’s actions for certain breaches—COVID-19 emergency
s 322AAins A2020-14 amdt 1.51
exp 29 September 2023 (s 322A)
Expiry—COVID-19 emergency amendments
s 322Ains A2020-11 amdt 1.27
am A2020-14 amdts 1.52-1.55; pars renum R54 LA
sub A2021‑1 amdt 1.15
exp 29 September 2023 (s 322A)
Determination of fees
s 323am A2013‑44 amdt 3.46; A2025‑29 amdt 4.48
Approved forms
s 324am A2013‑44 amdt 3.46; A2025‑29 amdt 4.48
Regulation-making power
s 325am A2013‑44 amdt 3.47; A2025‑29 amdt 4.48
Transitional—general
ch 16 hdgsub A2006‑23 amdt 1.153
exp 2 June 2011 (s 352 (1))
Preliminary
pt 16.1 hdgexp 2 June 2011 (s 352 (1))
Purpose—ch 16
s 326am A2006‑23 amdt 1.171
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Application of Act to offenders and other people in custody
s 327exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Definitions—ch 16
s 328exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
def consequential amendments Act am A2006‑23 amdt 1.154
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Transitional—detention
pt 16.2 hdgexp 2 June 2011 (s 352 (1)
Relationship with Corrections Management Act—pt 16.2
s 329am A2006‑23 amdt 1.169
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Full-time imprisonment—sentenced offenders
s 330am A2006‑23 amdt 1.155, amdt 1.170, amdt 1.171
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Full-time imprisonment—remandees
s 331am A2006‑23 amdt 1.156
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Full-time imprisonment—other detainees
s 331Ains A2006‑23 amdt 1.157
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Application of Act to transitional warrants under Removal of Prisoners Act (repealed)
s 331Bins A2006‑23 amdt 1.157
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Home detention orders—Rehabilitation of Offenders (Interim) Act
s 332am A2006‑23 amdt 1.171
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Existing home detention orders—community-based sentences for this jurisdiction
s 333exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Periodic detention orders—Periodic Detention Act, s 4
s 334am A2006‑23 amdt 1.171
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Conditional release—Periodic Detention Act, s 32
s 335exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Transitional—non-detention
pt 16.3 hdgexp 2 June 2011 (s 352 (1)
Conditional release without conviction—Crimes Act, s 402 (1)
s 336am A2006‑23 amdt 1.171
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Conditional release of convicted offenders—Crimes Act, s 403 (1) (a)
s 337am A2006‑23 amdt 1.171
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Conditional release and suspended sentences—Crimes Act, s 403 (1) (b)
s 338am A2006‑23 amdt 1.171
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Community service without good behaviour order—Crimes Act, s 408
s 339am A2006‑23 amdt 1.171
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Community service and good behaviour order—Crimes Act, s 408
s 340am A2006‑23 amdt 1.171
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Transitional—unfinished requests for transfer of prisoners and sentences
pt 16.4 hdgexp 2 June 2011 (s 352 (1))
Prisoners (Interstate Transfer) Act—unfinished requests
s 341exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Community Based Sentences (Transfer) Act—unfinished requests for registration
s 342exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Transitional—parole orders
pt 16.5 hdgexp 2 June 2011 (s 352 (1))
Parole orders before commencement day
s 343exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Unfinished parole orders proceedings on commencement day
s 344exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Parole Orders (Transfer) Act—unfinished requests for registration
s 345exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Board may reject parole application without inquiry—Act, s 122
s 346exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Transitional—other provisions
pt 16.6 hdgsub A2006‑23 amdt 1.158
exp 2 June 2011 (s 352 (1))
Sentence administration proceedings—started before commencement day
s 347exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Sentence administration proceedings—started on or after commencement day
s 348am A2006‑23 amdt 1.171
exp 2 June 2011 (s 352 (1))
Sentence administration board—transitional members etc
s 348Ains A2006‑23 amdt 1.159
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Official visitors—transitional
s 348Bins A2006‑23 amdt 1.159
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Transitional regulations—ch 16
s 349 hdgsub A2006‑23 amdt 1.160
s 349am A2006‑23 amdt 1.161
exp 2 June 2008 (s 349 (4) (LA s 88 declaration applies))
Construction of outdated references
s 350sub A2006‑23 amdt 1.162
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Application of Legislation Act, s 88—ch 16
s 351ins A2006‑23 amdt 1.162
exp 2 June 2011 (s 352 (1) (LA s 88 declaration applies))
Expiry of ch 16
s 352ins A2006‑23 amdt 1.162
exp 2 June 2011 (s 352 (1))
Transitional—interim custody arrangements
ch 17 hdgins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612)
Purpose—ch 17
s 600ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612)
Relationship with ch 16
s 601ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612)
No application to home detention
s 602ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612)
Definitions—ch 17
s 603ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612 (LA s 88 declaration applies))
def Corrections Management Act 2007 ins A2006‑23 amdt 1.163
def custody ins A2006‑23 amdt 1.163
def interim custody period ins A2006‑23 amdt 1.163
mod SL2006‑23 mod 1.1A (mod exp 1 August 2007 (see SL2006‑23 s 5 (2))
am A2007‑15 amdt 1.19
def new sentencing law ins A2006‑23 amdt 1.163
def old custody law ins A2006‑23 amdt 1.163
Application of new sentencing law—interim custody period
s 604ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612 (LA s 88 declaration applies))
Old custody law continues
s 605ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612 (LA s 88 declaration applies))
Application of old custody law—periodic detention
s 606ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612 (LA s 88 declaration applies))
Application of old custody law—remand
s 607ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612 (LA s 88 declaration applies))
Reference to full-time detention in NSW
s 607Ains as mod SL2006‑23 mod 1.1 (as ins by SL2006‑26 s 5; as am by SL2007‑13 s 6) (mod exp 1 August 2007 (see SL2006‑23 s 5 (2))
exp 1 August 2007 (s 607A (2))
ins A2007‑15 amdt 1.20
exp 18 December 2009 (s 612 (LA s 88 declaration applies))
References in territory laws to Corrections Management Act 2007 etc in relation to interim custody period
s 607Bins as mod SL2006‑23 mod 1.1 (as ins by SL2006‑26 s 5; as am by SL2007‑13 s 7) (mod exp 1 August 2007 (see SL2006‑23 s 5 (2))
exp 1 August 2007 (s 607B (3))
ins A2007‑15 amdt 1.20
exp 18 December 2009 (s 612 (LA s 88 declaration applies))
Additional powers of courts etc
s 608ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612 (LA s 88 declaration applies))
Additional powers of sentence administration board
s 609ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612 (LA s 88 declaration applies))
Additional powers of chief executive
s 610ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612 (LA s 88 declaration applies))
Remandees—clothing
s 610Ains as mod SL2006‑23 sch 2 mod 1.1 (as ins by SL2007‑34 s 5) (mod exp 18 December 2007 (see SL2006‑23 s 6 (2) (LA s 88 declaration applies))
Transitional regulations—ch 17
s 611ins A2006‑23 amdt 1.163
exp 18 December 2009 (s 612)
Expiry—ch 17
s 612ins A2006‑23 amdt 1.163
mod SL2006‑23 mod 1.2 (as ins by SL2007‑13 s 8) (mod exp 1 August 2007 (see SL2006‑23 s 5 (2))
sub A2007‑15 amdt 1.21
exp 18 December 2009 (s 612)
Transitional—Children and Young People Act 2008
ch 18 hdgins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Meaning of commencement day—ch 18
s 700ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Application of amendments—general
s 701ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Conditional discharge orders
s 702ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Fines
s 703ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Reparation or compensation orders
s 704ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Probation orders
s 705ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Community service orders
s 706ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Attendance centre orders
s 707ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Residential orders
s 708ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Applications for revocation etc
s 709ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Committal orders
s 710ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Orders referring to mental health tribunal following conviction
s 711ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Transitional regulations
s 712ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1))
Expiry—ch 18
s 713ins A2008‑20 amdt 1.3
exp 27 February 2014 (s 713 (1) (LA s 88 declaration applies))
Transitional—Crimes (Sentence Administration) Amendment Act 2010
ch 19 hdgins A2010‑21 s 7
exp 1 July 2012 (s 802)
Application of amendments
s 800ins A2010‑21 s 7
exp 1 July 2012 (s 802)
Transitional regulations
s 801ins A2010‑21 s 7
exp 1 July 2012 (s 802)
Expiry—ch 19
s 802ins A2010‑21 s 7
exp 1 July 2012 (s 802)
Transitional—Crimes (Sentencing and Restorative Justice) Amendment Act 2016
ch 20 hdgins A2016‑4 s 80
exp 2 March 2019 (s 904)
Meaning of commencement day—ch 20
s 900ins A2016‑4 s 80
exp 2 March 2019 (s 904)
Application of amendments—periodic detention
s 901ins A2016‑4 s 80
exp 2 March 2019 (s 904)
Referral of periodic detention in certain circumstances
s 902ins A2016‑4 s 80
exp 2 March 2019 (s 904)
Transitional regulations
s 903ins A2016‑4 s 80
exp 2 March 2019 (s 904)
Expiry—ch 20
s 904ins A2016‑4 s 80
exp 2 March 2019 (s 904)
Delegation
ch 21 hdgins A2017‑6 s 4
exp 21 February 2017 (s 1001)
Delegation
s 1000ins A2017‑6 s 4
exp 21 February 2017 (s 1001)
Expiry—ch 21
s 1001ins A2017‑6 s 4
exp 21 February 2017 (s 1001)
Transitional—Sentencing (Parole Time Credit) Legislation Amendment Act 2019
ch 22 hdgins A2019‑45 s 18
exp 2 March 2025 (s 1007)
Definitions—ch 22
s 1002ins A2019‑45 s 18
exp 2 March 2025 (s 1007)
Parole time credit—breaches before commencement day
s 1003ins A2019‑45 s 18
exp 2 March 2025 (s 1007)
Parole time credit—offenders awaiting sentence
s 1004ins A2019‑45 s 18
exp 2 March 2025 (s 1007)
Parole time credit applies in relation to old parole orders
s 1005ins A2019‑45 s 18
exp 2 March 2025 (s 1007)
Transitional regulations
s 1006ins A2019‑45 s 18
exp 2 March 2021 (s 1006 (4))
Expiry—ch 22
s 1007ins A2019‑45 s 18
exp 2 March 2025 (s 1007)
Dictionary
dictam A2009‑7 amdt 1.8; A2010‑30 amdt 1.22; A2011‑22 amdt 1.137, amdt 1.138; A2014‑6 s 15; A2016‑52 amdt 1.59; A2024‑16 s 21; A2025‑29 amdt 3.74
def accommodation order ins A2008‑19 amdt 1.31
def ACT prisoner am A2023‑33 amdt 2.28
def ACT sentence of imprisonment am A2023‑33 amdt 2.28
def additional condition am A2016‑4 s 81
def administrative fee ins A2013‑44 amdt 3.48
def arrest warrant am A2023‑33 amdt 2.28
def at ins A2006‑23 amdt 1.164
def chief executive (CYP) ins A2008‑19 amdt 1.31
om A2011‑22 amdt 1.139
def combination sentence sub A2006‑23 amdt 1.165
def commonwealth sentence of imprisonment am A2023‑33 amdt 2.28
def community service condition am A2006‑23 amdt 1.166
def core condition am A2016‑4 s 82
def correctional centre sub A2007‑15 amdt 1.22
om A2025‑29 amdt 3.75
def corrections officer sub A2007‑15 amdt 1.22
om A2025‑29 amdt 3.75
def corresponding ACT court am A2023‑33 amdt 2.28
def corresponding Minister am A2023‑33 amdt 2.28
def COVID-19 emergency ins A2020-11 amdt 1.28
exp 29 September 2023 (s 322A)
def CYP director‑general ins A2011‑22 amdt 1.140
om A2021-12 amdt 3.14
def default ins A2013‑44 amdt 3.48
def default imprisonment am A2023‑33 amdt 2.28
def default notice ins A2013‑44 amdt 3.48
def detention period om A2016‑4 s 83
def drug sub A2007‑15 amdt 1.23
def drug and alcohol treatment order ins A2019‑31 s 11
def earnings redirection order ins A2013‑44 amdt 3.48
def enforcement officer ins A2013‑44 amdt 3.48
def escort officer sub A2007‑15 amdt 1.24
def examination hearing ins A2013‑44 amdt 3.48
def examination notice ins A2013‑44 amdt 3.48
def examination warrant ins A2013‑44 amdt 3.48
def family violence offence ins A2019‑45 s 19
def fine ins A2013‑44 amdt 3.48
def fine defaulter ins A2013‑44 amdt 3.48
def fine enforcement order ins A2013‑44 amdt 3.48
def finishing time om A2016‑4 s 83
def full-time detainee sub A2013‑44 amdt 3.49
def Governor am A2023‑33 amdt 2.28
def indeterminate sentence am A2023‑33 amdt 2.28
def intensive correction assessment ins A2018‑43 s 12
def intensive correction order ins A2016‑4 s 84
def interested person sub A2016‑4 s 85
def interstate law am A2023‑33 amdt 2.28
def interstate sentence of imprisonment am A2023‑33 amdt 2.28
def joint prisoner am A2023‑33 amdt 2.28
def non-ACT family violence offence ins A2019‑45 s 19
def non-ACT offence ins A2019‑45 s 19
def nonparole period am A2006‑23 amdt 1.167
def non-participating territory am A2023‑33 amdt 2.28
def non-serious offence ins A2019‑45 s 19
def offender am A2008‑19 amdt 1.32
def outstanding fine ins A2013‑44 amdt 3.50
def parole offence ins A2019‑45 s 19
def parole sentence ins A2019‑45 s 19
def parole time credit ins A2019‑45 s 19
def participating jurisdiction am A2023‑33 amdt 2.29
def penalty notice ins A2013‑44 amdt 3.50
def periodic detention om A2016‑4 s 86
def periodic detention obligations om A2016‑4 s 86
def periodic detention period om A2016‑4 s 86
def property seizure order ins A2013‑44 amdt 3.50
def registered victim sub A2006‑23 amdt 1.168
def registrar ins A2013‑44 amdt 3.50
def rehabilitation program condition sub A2016‑4 s 87
def reminder notice ins A2013‑44 amdt 3.50
def reporting day om A2016‑4 s 88
def reporting place om A2016‑4 s 88
def reporting time om A2016‑4 s 88
defsentence of imprisonment sub A2015‑15 amdt 3.22
def serious drug offence ins A2019‑45 s 19
def serious non-ACT offence ins A2019‑45 s 19
def serious offence ins A2019‑45 s 19
def serious violent offence ins A2019‑45 s 19
def sexual offence ins A2019‑45 s 19
def territory entity ins A2013‑44 amdt 3.50
def test sample am A2006‑23 amdt 1.169
def victim sub A2006‑23 amdt 1.168
def victims register om A2008‑19 amdt 1.33
def voluntary community work order ins A2013‑44 amdt 3.50
def young fine defaulter ins A2013‑44 amdt 3.50
def young offender ins A2008‑19 amdt 1.34
def young remandee ins A2008‑19 amdt 1.35
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
2 June 20062 June 2006–
31 May 2007SL2006‑26 new Act, amendments by A2006‑23 and modifications by SL2006‑23 as amended by SL2006‑26 R2
1 June 20071 June 2007–
31 July 2007SL2007‑13 modifications by SL2006‑23 as amended by SL2007‑13 R3
1 Aug 20071 Aug 2007–
19 Oct 2007A2007‑15 amendments by A2007‑15 and commenced expiry R4
20 Oct 200720 Oct 2007–
18 Dec 2007SL2007‑34 modifications by SL2006‑23 as amended by SL2007‑34 R5
19 Dec 200719 Dec 2007–
6 May 2008SL2007‑34 commenced expiry R6
7 May 20087 May 2008–
2 June 2008A2008‑7 amendments by A2008‑7 R7
3 June 20083 June 2008–
25 Aug 2008A2008‑7 commenced expiry R8
26 Aug 200826 Aug 2008–
26 Oct 2008A2008‑28 amendments by A2008‑28 R9
27 Oct 200827 Oct 2008–
26 Feb 2009A2008‑28 amendments by A2008‑20 R10
27 Feb 200927 Feb 2009–
5 Mar 2009A2008‑28 amendments by A2008‑19 and A2008‑20 R11
6 Mar 20096 Mar 2009–
3 Sept 2009A2009‑7 amendments by A2009‑7 R12
4 Sept 20094 Sept 2009–
30 Sept 2009A2009‑24 amendments by A2009‑24 R13*
1 Oct 20091 Oct 2009–
18 Dec 2009A2009‑28 amendments by A2009‑28 R14
19 Dec 200919 Dec 2009–
30 June 2010A2009‑28 commenced expiry R15
1 July 20101 July 2010–
27 Sept 2010A2010‑21 amendments by A2010‑21 R16
28 Sept 201028 Sept 2010–
1 Nov 2010A2010‑30 amendments by A2010‑30 R17
2 Nov 20102 Nov 2010–
2 June 2011A2010‑40 amendments by A2010‑40 R18
3 June 20113 June 2011–
30 June 2011A2010‑40 expiry of transitional provisions (ch 16) R19
1 July 20111 July 2011–
12 Sept 2011A2011‑22 amendments by A2011‑22 R20*
13 Sept 201113 Sept 2011–
22 Nov 2011A2011‑27 amendments by A2011‑27 R21
23 Nov 201123 Nov 2011–
14 Dec 2011A2011‑49 amendments by A2011‑49 R22
15 Dec 201115 Dec 2011–
31 Dec 2011A2011‑57 amendments by A2011‑57 R23
1 Jan 20121 Jan 2012–
29 Feb 2012A2011‑57 amendments by A2011‑55 R24
1 Mar 20121 Mar 2012–
11 Apr 2012A2011‑57 amendments by A2011‑48 R25
12 Apr 201212 Apr 2012–
15 June 2012A2012‑13 amendments by A2012‑13 R26
16 June 201216 June 2012–
1 July 2012A2012‑34 amendments by A2012‑34 R27
2 July 20122 July 2012–
24 Nov 2013A2012‑34 expiry of transitional provisions (ch 19) R28
25 Nov 201325 Nov 2013–
27 Feb 2014A2013-44 amendments by A2013-44 R29
28 Feb 201428 Feb 2014–
27 Mar 2014A2013-44 expiry of transitional provisions (ch 18) R30
28 Mar 201428 Mar 2014–
4 Dec 2014A2014-6 amendments by A2014-6 R31
5 Dec 20145 Dec 2014‑
2 Mar 2015A2014‑58 amendments by A2014‑58 R32
3 Mar 20153 Mar 2015‑
9 June 2015A2015-3 amendments by A2015-3 R33
10 June 201510 June 2015‑
7 Oct 2015A2015‑15 amendments by A2015‑15 R34
8 Oct 20158 Oct 2015–
8 Dec 2015A2015‑15 updated endnotes as amended by A2015-38 R35
9 Dec 20159 Dec 2015–
29 Feb 2016A2015-50 amendments by A2015-50 R36
1 Mar 20161 Mar 2016–
1 Mar 2016A2015-50 amendments by A2014-51 and A2015-38 R37
2 Mar 20162 Mar 2016–
30 Jun 2016A2016-4 amendments by A2016-4 R38
1 July 20161 July 2016–
23 Aug 2016A2016‑12 amendments by A2016‑12 R39
24 Aug 201624 Aug 2016–
31 Aug 2016A2016‑48 amendments by A2016‑48 R40
1 Sept 20161 Sept 2016–
20 Feb 2017A2016-52 amendments by A2016-52 R41
21 Feb 201721 Feb 2017–
21 Feb 2017A2017‑6 amendments by A2017‑6 R42
22 Feb 201722 Feb 2017–
5 Apr 2017A2017‑6 expiry of provisions (ch 21) R43
6 Apr 20176 Apr 2017–
30 Apr 2017A2017-9 amendments by A2017-9 R44
1 May 20171 May 2017–
25 Apr 2018A2017‑10 amendments by A2016‑42
as amended by A2017‑10R45
26 Apr 201826 Apr 2018–
8 Nov 2018A2018-9 amendments by A2018-9 R46
9 Nov 20189 Nov 2018–
2 Mar 2019A2018‑43 amendments by A2018‑43 R47
3 Mar 20193 Mar 2019–
2 Dec 2019A2018‑43 expiry of transitional provisions (ch 20) R48
3 Dec 20193 Dec 2019–
1 Mar 2020A2019‑31 amendments by A2019‑31 R49
2 Mar 20202 Mar 2020–
2 Mar 2020A2019‑45 amendments by A2019‑45 R50
3 Mar 20203 Mar 2020–
7 Apr 2020A2019‑45 expiry of provision (s 81) R51
8 Apr 20208 Apr 2020–
27 Aug 2020A2020-11 amendments by A2020-11 R52
28 Aug 202028 Aug 2020–
9 Sept 2020A2020‑42 amendments by A2020‑42 R53
10 Sept 202010 Sept 2020–
10 Sept 2020A2020‑42 amendments by A2020‑42 R54
11 Sept 202011 Sept 2020–
19 Feb 2021A2020‑42 amendments by A2020-14 R55
20 Feb 202120 Feb 2021–
25 Feb 2021A2021‑1 amendments by A2021‑1 R56
26 Feb 202126 Feb 2021–
2 Mar 2021A2021-3 amendments by A2021-3 R57
3 Mar 20213 Mar 2021–
8 Apr 2021A2021-3 expiry of transitional provision (s 1006) R58
9 Apr 20219 Apr 2021–
22 June 2021A2021‑6 amendments by A2021‑6 R59
23 June 202123 June 2021–
10 Nov 2021A2021‑12 amendments by A2021‑12 R60
11 Nov 202111 Nov 2021–
21 June 2023A2021‑19 amendments by A2021‑19 R61
22 June 202322 June 2023–
12 Sept 2023A2023‑21 amendments by A2023‑21 R62
13 Sept 202313 Sept 2023–
21 Sept 2023A2023‑33 amendments by A2023‑33 R63
22 Sept 202322 Sept 2023–
29 Sept 2023A2023‑33 amendments by A2023‑21 R64
30 Sept 202330 Sept 2023–
8 Nov 2023A2023‑33 expiry of provisions (s 47A, s 59A, s 62 (2) (d), s 64 (3A), s 92A, s 102A, s 126 (2A), (2B), s 127 (2A), s 143A, s 322AA, s 322A, dict def COVID-19 emergency) R65
9 Nov 20239 Nov 2023–
25 Apr 2024A2023‑42 amendments by A2023‑40 and A2023‑42 R66
26 Apr 202426 Apr 2024–
25 June 2024A2024‑16 amendments by A2024‑16 R67
26 June 202426 June 2024–
2 Mar 2025A2024‑26 amendments by A2024‑26 R68
3 Mar 20253 Mar 2025–
15 Nov 2025A2024‑26 expiry of transitional provisions (ch 22)
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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