Periodic Detention Amendment Act 2000 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Periodic Detention Amendment Act 2000

No 18 of 2000

An Act to amend the Periodic Detention Act 1995

[Notified in ACT Gazette No. 22: 1 June 2000]

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

1. Name of Act

   This Act is the Periodic Detention Amendment Act 2000.

2. Commencement

   This Act commences on the day it is notified in the Gazette.

3. Act amended

   This Act amends the Periodic Detention Act 1995.

4. Insertion

   After section 28 the following section is inserted in Division 2 of Part 2:

“28AService of periodic detention orders while in custody

1. A detainee who is held in lawful custody (whether in a remand centre or elsewhere) for a whole detention period is taken to have served the detention period in accordance with this Act.

2. This section applies to the lawful custody of a detainee only after the commencement of this section.

3. Subsection (2) is a law to which section 42 (Repeal does not end transitional or validating effect etc) of the Interpretation Act 1967 applies.

4. Subsections (2) and (3) and this subsection cease to have effect on 1 January 2002.”.

5. Substitution

   Section 29 is repealed and the following section substituted:

“29 Cancellation on subsequent conviction

1. This section applies to a detainee who is convicted of an offence and sentenced on the conviction to a term of imprisonment.

2. If the term of imprisonment is for more than 1 month, the order for the person’s periodic detention is cancelled on the day the sentence takes effect.

3. If the term of imprisonment is for 1 month or less, the sentencing court may cancel the order for the person’s periodic detention.”.

Endnote

1. Act 1995 No 3 (not republished).  See also Act 1998 No 54.

[Presentation speech made in Assembly on 25 November 1999]

©  Australian Capital Territory 2000