Crimes (Sentencing Procedure) Amendment Act 2006 (NSW)

An Act to amend the Crimes (Sentencing Procedure) Act 1999 with respect to sentencing for crimes committed against public transport workers and community workers.

1Name of Act

This Act is the Crimes (Sentencing Procedure) Amendment Act 2006.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Crimes (Sentencing Procedure) Act 1999 No 92

The Crimes (Sentencing Procedure) Act 1999 is amended as set out in Schedule 1.

4Repeal of Act(1)

This Act is repealed on the day following the day on which this Act commences.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendments

(Section 3)

[1]Section 21A Aggravating, mitigating and other factors in sentencing

Omit “the victim’s occupation” from section 21A (2) (a).

Insert instead “the victim’s occupation or voluntary work”.

[2]Section 21A (2) (l)

Insert “, bus driver or other public transport worker” after “taxi driver”.

[3]Part 4, Division 1A, Table

Omit “the victim’s occupation” from Item No 1A.

Insert instead “the victim’s occupation or voluntary work”.

[4]Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Crimes (Sentencing Procedure) Amendment Act 2006

[5]Schedule 2, Part 15

Insert at the end of the Schedule:

Part 15Provisions consequent on enactment of Crimes (Sentencing Procedure) Amendment Act 200655Existing offences and proceedings

The amendments made to this Act by the Crimes (Sentencing Procedure) Amendment Act 2006 apply to the determination of a sentence for an offence whenever committed, unless:

• (a)

  the court has convicted the person being sentenced of the offence, or

• (b)

  a court has accepted a plea of guilty and the plea has not been withdrawn,

before the commencement of that Act.