Crimes (Sentencing Procedure) Amendment (Forms) Regulation 2004 (NSW)

2004 No 510

New South Wales

Crimes (Sentencing Procedure)

Amendment (Forms) Regulation 2004

under the

Crimes (Sentencing Procedure) Act 1999

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Crimes (Sentencing Procedure) Act 1999.

BOB DEBUS, M.P.,

Attorney General

Explanatory note
The object of this Regulation is to amend the Crimes (Sentencing Procedure) Regulation 2000 so as to facilitate the use of approved forms, rather than prescribed forms, for certain purposes.

This Regulation is made under the Crimes (Sentencing Procedure) Act 1999, including section 103 (the general power to make regulations).

Published in Gazette No 126 of 30 July 2004, page 6147	Page 1
2004 No 510
Clause 1	Crimes (Sentencing Procedure) Amendment (Forms) Regulation 2004

Crimes (Sentencing Procedure) Amendment (Forms)

Regulation 2004

under the

Crimes (Sentencing Procedure) Act 1999

1      Name of Regulation

This Regulation is the Crimes (Sentencing Procedure) Amendment
(Forms) Regulation 2004.

2 Amendment of Crimes (Sentencing Procedure) Regulation 2000

The Crimes (Sentencing Procedure) Regulation 2000 is amended as set out in Schedule 1.

2004 No 510

Crimes (Sentencing Procedure) Amendment (Forms) Regulation 2004

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 2)

[1]      Clause 3 Definitions

Insert in alphabetical order in clause 3 (1):

approved form means a form approved by the Minister.

[2]      Clause 5 List of additional charges: section 32

Omit clause 5 (1). Insert instead:

(1) A list of additional charges under section 32 of the Act is to
be in the approved form.

[3]      Clause 7 Parole orders: section 50

Omit “Form 2 or 3, whichever is appropriate” from clause 7 (1).
Insert instead “the approved form”.

[4]      Clause 8

Omit the clause. Insert instead:

8      Warrants of commitment: section 62

A warrant of commitment referred to in section 62 (2) of the
Act is to be in the approved form.

[5]      Clause 14

Omit the clause. Insert instead:

14 Undertakings to comply with periodic detention order: section 66

An undertaking referred to in section 66 (1) (f) of the Act is to be in the approved form.

[6]      Clause 16 Periodic detention orders

Omit “Form 8” from clause 16 (1). Insert instead “the approved form”.

[7]      Clause 17 Notice of periodic detention order: section 72

Omit “Form 9” from clause 17 (1). Insert instead “the approved form”.

2004 No 510

Crimes (Sentencing Procedure) Amendment (Forms) Regulation 2004

Schedule 1 Amendments

[8]      Clause 18

Omit the clause. Insert instead:

18 Warrants of commitment: section 73

A warrant of commitment referred to in section 73 (2) of the
Act is to be in the approved form.

[9]      Clause 20 Undertakings to comply with home detention order: section 78

Omit clause 20 (1). Insert instead:

(1) A consent referred to in section 78 (1) (c) of the Act is to be
in the approved form.

[10]      Clause 20 (3)

Omit the subclause. Insert instead:

(3) An undertaking referred to in section 78 (1) (c) of the Act is
to be in the approved form.

[11]      Clause 22 Home detention orders

Omit “Form 13” from clause 22 (1). Insert instead “the approved form”.

[12]      Clause 24

Omit the clause. Insert instead:

24 Undertakings to comply with community service order: section 86

An undertaking referred to in section 86 (5) of the Act is to be in the approved form.

[13]      Clause 25 Community service orders

Omit “Form 15” from clause 25 (1). Insert instead “the approved form”.

[14]      Clause 26 Notice of community service order: section 93

Omit “Form 16” from clause 26 (1). Insert instead “the approved form”.

[15]      Schedule 1 Forms

Omit Forms 1–4 and 7–16.

BY AUTHORITY