Sentencing Amendment Act 2002 (TAS)

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Sentencing Amendment Act 2002

An Act to amend the Sentencing Act 1997 and the Corrections Act 1997 to provide for non-parole periods in respect of sentences of imprisonment

[Royal Assent 12 July 2002]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Sentencing Amendment Act 2002 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. PART 2Sentencing Act 1997 Amended3Principal ActIn this Part, the Sentencing Act 1997 is referred to as the Principal Act. 4Section 17 amended (Court may bar or limit eligibility for parole) Section 17 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (3) : (3A)  Where a court imposes a sentence of imprisonment and does not make an order under subsection (2) , the offender is not eligible for parole in respect of that sentence. (b) by omitting subsection (6) and substituting the following subsections: (6)  An offender in respect of whom – (a) an order has been made under subsection (2)(a) ; or (b) subsection (3A) applies – is not eligible to be released on parole in respect of his or her sentence. (7)  A court must give reasons for making an order under subsection (2) . (8)  If the whole or part of a sentence of imprisonment is suspended, only the operative sentence is to be taken into account for the purposes of this section. (9)  In subsection (8) , operative sentence means that part of a sentence of imprisonment which has not been suspended. 5Section 18 amended (Court to make order on eligibility of life prisoner for parole) Section 18 of the Principal Act is amended by inserting after subsection (4) the following subsection: (5)  A court must give reasons for making an order under this section. 6Section 27 amended (Breach of order suspending sentence) Section 27 of the Principal Act is amended by inserting after subsection (6) the following subsections: (6A)  If, under subsection (4)(a) , a court orders a sentence to take effect – (a) the sentence is taken to be a sentence imposed on the offender as if the court had just found the offender guilty of the offence in respect of which the suspended sentence was imposed; and (b) section 17 applies to that sentence. (6B)  If, under subsection (4)(b) , a court orders that a substituted sentence is to take effect, section 17 applies to the substituted sentence. 7Section 81A insertedAfter section 81 of the Principal Act , the following section is inserted in Division 1: 81ACourt may receive victim impact statement (1)  In this section – immediate family, in respect of a deceased victim, includes – (a) the spouse or de facto spouse of the deceased victim;…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.