Sentence Administration Amendment (Monitoring Equipment) Act 2024 (WA)

Western Australia

Sentence Administration Amendment (Monitoring Equipment) Act 2024

Western Australia

Sentence Administration Amendment (Monitoring Equipment) Act 2024 Contents

Western Australia

Sentence Administration Amendment (Monitoring Equipment) Act 2024

Sentence Administration Amendment (Monitoring Equipment) Act 2024

No. 6 of 2024

An Act to amend the Sentence Administration Act 2003.

[Assented to 26 March 2024]

The Parliament of Western Australia enacts as follows:

1.Short title

This is the Sentence Administration Amendment (Monitoring Equipment) Act 2024.

2.Commencement

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on the day after that day.

3.Act amended

This Act amends the Sentence Administration Act 2003.

4.Section 118 amended

• (1)

  In section 118(6) after “excuse,” insert:

   

damages,

• (2)

  In section 118(6) delete the Penalty and insert:

   

Penalty for this subsection: imprisonment for 3 years and a fine of $36 000.

• (3)

  Delete section 118(7) and insert:

   
• (7)

  A court sentencing a person convicted of an offence under subsection (6), committed at a time when the person had reached 18 years of age, must, unless it would be clearly unjust given the circumstances of the offence and the person —

  • (a)

    sentence the person to a term of imprisonment of at least 6 months; and

  • (b)

    not suspend the term of imprisonment.

• (8)

  Subsection (7) applies despite the Sentencing Act 1995 section 86.

   

Note: The heading to amended section 118 is to read:

Offences relating to monitoring equipment