SENTENCING (AMENDMENT) ACT 1993 No. 90
NEW SOUTH WALES
B
TABLE OF PROVISIONS
1. Short title
2 . Commencement
3. Amendment of Sentencing Act 1989 No. 87
SCHEDULE 1—AMENDMENTS
SENTENCING (AMENDMENT) ACT 1993 No. 90
NEW SOUTH WALES
Act No. 90, 1993
An Act to amend the Sentencing Act 1989 with respect to the functions of the Offenders Review Board; and for other purposes. [Assented to 29 November 1993]
Sentencing (Amendment) Act 1993 No. 90
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Sentencing (Amendment) Act 1993.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Amendment of Sentencing Act 1989 No. 87
3. The Sentencing Act 1989 is amended as set out in Schedule 1.
SCHEDULE l—AMENDMENTS
(Sec. 3)
(1) Section 4 (Definitions):
In section 4 ( l ) , insert in alphabetical order:
“existing licence” means a licence to be at large:
| (a) | granted under section 463 of the Crimes Act 1900 |
| before 12 January 1990 (being the day on which that section was repealed); and |
(b) which was still in force immediately before the commencement of Schedule 1 (2) to the Prisons (Amendment) Act 1993;
“licensee” means a person holding an existing licence; “Review Council” means the Serious Offenders Review
Council constituted by section 60 of the Prisons Act
1952;
“serious offender” has the same meaning as in Part 10
of the Prisons Act 1952.
(2) Section 13A (Existing life sentences):
From section 13A (9) (b), omit “Serious Offenders Review
Board”, insert instead “Review Council”.
Sentencing (Amendment) Act 1993 No. 90
| SCHEDULE | 1—AMENDMENTS—continued |
(3) Section 18 (Consideration by the Board):
At the end of section 18, insert:
| (2) | Despite subsection (1) (a), the Board may defer |
consideration of its decision to a day less than 60 days (but not less than 21 days) before the day on which the prisoner becomes eligible for release on parole if it is of the opinion that it is unable to make a decision because it has not been furnished with a report required to be made to it or there are other relevant matters requiring further consideration.
(4) Section 19 (Decision of the Board about release on parole): From section 19, omit “after considering”, insert instead “following consideration of”.
(5) Section 19A:
After section 19, insert:
Reasons to be provided by Board for rejection of Review
Council's advice etc.
19A. (1) If the Board rejects the advice of the Review Council given under section 62 of the Prisons Act 1952 concerning the release on parole of a serious offender, the Board must state in writing its reasons for rejecting that advice.
| (2) | The Board must forward a copy of those reasons to the |
Review Council.
| (3) | The Review Council may make submissions to the |
Board concerning the rejection of its advice within 21 days of that rejection.
| (4) | The Board is not to make a final decision concerning |
the release of the serious offender…