Probation and Parole (Amendment) Act 1984 (NSW)

PROBATION AND PAROLE (AMENDMENT) ACT, 1984, No. 124

^ a l c s ;

ANNO TRICESIMO TERTIO

ELIZABETHyE O REGINA

Act No. 124, 1984.

An Act to amend the Probation and Parole Act, 1983, with respect to the commencement of certain non-probation or non-parole period.s and the variation of certain non-probation periods and in certain other rcspechs; and for other purposes. [Assented to, 26th November, 1984.]

2  Act N o. 124

Pro/jafro/i ufh/ Parole (Ameistlment) 19H4

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1. This Act may be cited as the ‘Probation and Parole (Amendment)

Act, 19h4".	”
Commencement.

2.      (1) Except as provided by subsection (2 ), this Act shall commence

on the date of assent to this Act.

(2) The several provisions of Schedules 1 and 2. and section 5 in its

application to those provisions, shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Principal Act.

3. The Probation and Parole Act, 1983, is referred to in this Act as the

Principal Act.

Schedules.

4. This Act contains the following Schedules:-—

S C H E D G t . E 1.— A M i ; N D M f . N 1 s l o rui ; P r i n c tPAi. A c r Rt-CAi tNO

t o I'Hh C o M M r N t ' R M P N I OP C k RTAIN N o N-PROBA I ION OR N o N-

P a ROU- P l RiODS.

SCHEDULE 2.— AMi:Ni)Mi:N is ro ihp: Princ ipal Ac i RLt.A iiNO

TO 1H1- RhCTIi lCA MON OK CKR IAIN NoN-PROBA I ION Pp RlOOS.

Probation amt Parole (Amendment} 19S4

SCHEDULE 3.— Mi.sctn.LANE-.ous A mhndmkni.s to the; PEtiNciPAE.

Act.

SCHEDULE 4 .— Savino.s.

Amendment of Act No. 194, 1983.

5. The Principiil Act i.s aiiiended in the manner set forth in Schedules

1-3.

Savings.

6. .Schedule 4 has effect.

SCHEDULE I.

(Sec. 5.)

AMKN1>MCNTS to 1 HL pRENClPAE. ACT Re-.LATENC. t o ■ ] HE

Commence;MEN ! or Cer i aen Non-Proba i eon or

Non-Paroee Pereoê s,

( ! ) Sections 9 (2) (a) ( i ). 24 (2) (a) ( i ) —

Omit “original term” wherever occurring, insert instead "subsequent term is or".

(2 ) Section.s 9 ( 2) ( a ) ( ii), 24 { 2) ( a ) ( ii ) —

Omit “original term or" wherever occurring.

(.1 ) Section.s 9 (2) fa) (ii), 24 (2) (a) (ii)—

Omit "original term was" wherever occurring, insert instead

"subsequent term is or was".

Act N o. 124

Probalion u/ul Parole {Amnuhtu'in] 1984

SCHEDULE 2.

(See. 5.)

A mi ;ni3Mkn i s l o riii: Pkincimal Ac t R e la it n(, i o i he

R e c i i m c a i i o n oe C eri ai n NoN-Pkot iAi ion Periods.

( I ) Section 4 ( 1 ) , definition oi' "non-probiition period"—

After "X ( I )", insert "or ( 1a )",

(2) (a) Section X ( I a ) —

After section 8 ( i ), insert; —

( I a ) Where a prescribed court, upon application made to

the court by the Commission, is satisfied that a court has, after the commencement of this subsection, made a patent error in specifying a non-probation period for a prisoner, the prescribed court may, if it is satisfied that the prisoner has not been released from lawful custody as a consequence of the specifica­ tion of the non-probation period, specify a period which the court which made the error was entitled to specify pursuant to section .S or 6 f 1).

( b) Section X (2) —

Omit "subsection ( 1 ) (b)”, insert instead ‘‘this section".

( c ) Section X (3 ), (4) —

After “subsection ( I ) " wherever occurring, in.sert "or ( I a )",

(.3) .Section 9 (1). (2) —

After “X ( I )” wherever occurring, insert "or ( Ia )".

Prohalinit and Parole (Amendment) 19X4

SCHEDULE 3.

(Sec. 5.)

Misci:i,[.ANf OUS A m i .ni)m i :n ts to i hh PBiNCiPAt. A n .

( 1) Section 4 (4) —

After section 4 (3), insert: —

(4) For the purposes of sections 5, 6 (1), 19 and 20 (1) ,

where—

(a) a person is sentenced to a term of imprisonment; and

(b) a probation order or parole order relating to the person is in force when the person is so sentenced, being an order made in respect of another term of imprisonment to which the person was previously sentenced,

the person shall be deemed to be serving the other tenn of

imprisonment.

(2) Section 5 fb)—

Omit “not less ’, insert instead “more".

(3) fa) Sections 6 (1) ( c ) , 2 0 ( l ) (c )—

Omit “which is required" wherever occurring, insert instead “in circumstances which require the subsequent term".

(b) Sections 6 ( I ) ( c ). 20 { I ) (c )—-

Omit “with, the subsequent" wherever occurring, insert instead

“with, the original”,

(c)

Section 6 f I ) — Omit "giving”, insert instead “(giving".

(d)

Section 6 ( 1 ) —

Omit “not have been less than 6 months or”, insert instead

“have been more than 6 months and not”.

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Probation and Faro!e (Am endniem ) IM84

SCHEDULE ^—conliniu'd.

MisctLi.ANiious A mknomf .nts TO THi- PRiNcrPAi. A c !— rontinnod.

(4) Section 22 (4)-—

Omit "Where,”, insert instead "Where".

(5) Section 24 ( i J (a) { ii), ( 2) (aj ( ii)—

Omit "was by" wherever occurring, insert instead "was, by".

(6)	Section 27 (I ) (b) (i i )—
After "on the prisoner", insert “subsequently to the revtKation of the parole order”.

(7) (a( Section 30 ( I ), (2) —

Omit "Ihe court" wherever occurring, insert instead "that court".

(b) Section 30 (.3) —

Omit "court", in-sert instead "Court of Criminal Appeal",

(c) Section 3() (4) —

After section 30 (3) , insert: —

(4) The power the Court of Criminal Appeal to grant the

applicant leave to appear in person at the hearing or determina­ tion of an application under this section may be exercised by any Judge of that court, but no appeal lies to that caiurt against the refusal of a Judge of that court to grant leave to .so appear.

(8) Section 40 (7) —

Omit “(2) and (3)". insert instead "(2)-(4>".

Probation and Parole (Amendment) i9H4

SCHEDU[.E 4.

(Sec. 6 )

Savin(;s.

Interpretation.

1. In this Schedule, ‘ appointed day'' means the day appointed and notified under

section 2 ( 2 ) for tVie commenecment of Schedule 1.

Non-probafion periods.

1.  Where a non-prohation period was, before the appointed day, speciftcd— (a) pursuant to section b ( ! ) of the Principal Act; or

(b) pursuant to section 7(1) (b) or 8 (1 ) of the Principal Act [leeause a eourt was entitled so to specify a non-probation period,

section 9 (2 ) la) o f the Principal Act, as in force immediately before that day. applies to and in respeet of that non-probation period as if .Schedule I had not been enacted.

Non-parule period.s.

.A Where a non-pa role period was. before the appointed day. specified

(a) pursuant to section 20 ( I ) of the Principal Aet; or

(h) pursuant lo section 22 (! ) (b) or 2.1 (!) of the Principal Act because a

court was entitled so to specify a non-pa role period.

section 24 (2) fa) of the Principal Act, as in force immediately before that day, applies lo and in respect of that non-parole period as if Schedule I had not been enacted.