Sentencing Amendment Act 2015 (WA)

Western Australia

Sentencing Amendment Act 2015

Western Australia

Sentencing Amendment Act 2015 Contents

Western Australia

Sentencing Amendment Act 2015

Sentencing Amendment Act 2015

No. 32 of 2015

An Act to amend the Sentencing Act 1995.

[Assented to 2 November 2015]

The Parliament of Western Australia enacts as follows:

1.Short title

This is the Sentencing Amendment Act 2015.

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 Sentencing Act 1995.

4.Section 85 amended

• (1)

  In section 85(1) delete the definition of parole term.

• (2)

  In section 85(1) insert in alphabetical order:

   

parole term means —

• (a)

  a term to which a parole eligibility order applies; or

• (b)

  a translated sentence in respect of which a minimum term of imprisonment is deemed to have been fixed under the Prisoners (Interstate Transfer) Act 1983 section 26(1);

translated sentence has the meaning given in the Prisoners (Interstate Transfer) Act 1983 section 3(1).

• (3)

  In section 85(1) in the definition of term paragraph (b) delete “imprisonment.” and insert:

   

imprisonment;

5.Section 93 amended

In section 93(1) delete “ sections” and insert:

sections 94A,

6.Section 94A inserted

After section 93 insert:

94A. Release on parole of prisoners subject to Prisoners (Interstate Transfer) Act 1983

• (1)

  Despite section 93(1), a prisoner serving a parole term that is a translated sentence is eligible to be released on parole when the prisoner has served the minimum term of imprisonment deemed under the Prisoners (Interstate Transfer) Act 1983 section 26(1) to have been fixed in respect of the sentence.

• (2)

  For the purposes of the application of the Sentence Administration Act 2003 to the prisoner, a reference in that Act to eligibility to be released on parole under section 93(1) is to be taken to be a reference to eligibility to be released on parole under subsection (1).