Sentence Administration Act 2003 (WA)

Western Australia

Western Australia

Sentence Administration Act 2003

An Act to provide for the administration of sentences and other orders imposed on offenders.

This Act may be cited as the Sentence Administration Act 2003.

• (1)

  Subject to subsection (3) and to section 2(3) of the Sentencing Legislation Amendment and Repeal Act 2003 this Act comes into operation on a day fixed by proclamation.

• (2)

  Different days may be fixed under subsection (1) for different provisions.

• (3)

  No part of this Act shall be proclaimed to come into operation within 6 months of Part 5 of the Sentencing Legislation Amendment and Repeal Act 2003 coming into operation.

This Act is to be read with the Sentencing Act 1995.

• (1)

  If not defined in this Act words and expressions in this Act have the same definitions as in the Sentencing Act 1995 and in particular, in Part 13 of that Act.

• (2)

  In this Act, unless the contrary intention appears —

approved electronic monitoring device means —

• (a)

  an electronic monitoring device that has been approved by the CEO; and

• (b)

  any equipment, wires or other items associated with a device under paragraph (a);

Board means the Prisoners Review Board;

category 1 prisoner means —

• (a)

  a prisoner who —

• (i)

  has been charged with, or convicted of, a terrorism offence; or

• (ii)

  is subject to an interim control order or a confirmed control order;

or

• (b)

  a prisoner who has been subject to an interim control order or a confirmed control order at any time during —

• (i)

  the period of the prisoner’s sentence (the current sentence); or

• (ii)

  the period of 10 years ending on the day on which the prisoner’s current sentence begins or is taken to have begun;

or

• (c)

  a prisoner for whom an interim control order is being sought under the Commonwealth Criminal Code section 104.3;

category 2 prisoner means a prisoner who has been charged with, or convicted of, an offence against the Commonwealth Criminal Code section 80.2C(1);

CEO means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 in its administration;

chairperson means the person appointed under section 103(1)(a);

Commissioner of Police report means a written report referred to in section 66H(1) or (4);

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Commonwealth);

community has a meaning affected by subsection (4);

community corrections activities are activities approved as such under section 85;

community corrections centre means a place declared to be a community corrections centre under section 84;

community corrections officer means a person appointed as a community corrections officer under section 98 and includes an honorary CCO;

community order means a community based…