Sentencing Amendment Act (No. 2) 1999 (TAS)

Sentencing Amendment Act (No. 2) 1999

An Act to amend the Sentencing Act 1997

[Royal Assent 14 May 1999]

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:

1Short titleThis Act may be cited as the Sentencing Amendment Bill (No. 2) 1999 . 2Commencement (1) Sections 5 , 6 and 7 commence on the day on which the Youth Justice Act 1997 commences. (2)  Sections 4 , 8 , 9 , 10 , 11 and 12 commence on the day on which the Mental Health Act 1996 commences. (3)  The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Sentencing Act 1997 is referred to as the Principal Act. 4Section 4 amended (Interpretation) Section 4 of the Principal Act is amended as follows: (a) by omitting the definition of approved medical practitioner and substituting the following definition: approved medical practitioner means an approved medical practitioner within the meaning of the Mental Health Act 1996 ; (b) by omitting the definition of mental disorder and substituting the following definition: mental illness means a mental illness within the meaning of the Mental Health Act 1996 ; 5Section 5 amended (Application of Act) Section 5 of the Principal Act is amended as follows: (a) by omitting from paragraph (a) “a children’s court established under the Child Welfare Act 1960 " and substituting "the Magistrates Court (Youth Justice Division)"; (b) by omitting from paragraph (b) "17 years" and substituting "18 years". 6Section 7 amended (Sentencing orders) Section 7 of the Principal Act is amended as follows: (a) by inserting in paragraph (c) "offender has attained the age of 18 years and the" after "if the"; (b) by inserting in paragraph (d) "if the offender has attained the age of 18 years" after "offender". 7Section 8 amended (Combined sentencing orders) Section 8(1) of the Principal Act is amended as follows: (a) by inserting in paragraph (a) "if the offender has attained the age of 18 years" after "offender"; (b) by inserting in paragraph (b) "if the offender has attained the age of 18 years" after "offender". 8Section 72 amended (Court may make assessment order) Section 72(a)(i) of the Principal Act is amended by omitting "mental disorder" and substituting "mental illness". 9Section 75 amended (Continuing care order and restriction order) Section 75 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(b)(i) "mental disorder" and substituting "mental illness"; (b) by omitting from subsection (1)(d) "hospital" and substituting "continuing care"; (c) by omitting from subsection (1)(e) "and a hospital order has been made"; (d) by omitting from subsection (2) "mental disorder" and substituting "mental illness". 10Section 76 substituted Section 76 of the Principal Act is repealed and the following section is substituted: 76What is a continuing care order? A continuing care order made under section 75(1)(d) has the same effect as an order made under section 28(1) of the Mental Health Act 1996 . 11Section 79 amended (Effect of continuing care order) Section 79 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "hospital order" twice occurring and substituting "continuing care order"; (b) by omitting from subsection (2) "hospital order" twice occurring and substituting "continuing care order"; (c) by omitting from subsection (3)(a) "hospital order" and substituting "continuing care order"; (d) by omitting from subsection (4) "hospital order" twice occurring and substituting "continuing care order". 12Schedule 1 amended (Consequential amendments)Schedule 1 to the Principal Act is amended by omitting all of the amendments under, and including, the heading "Mental Health Act 1963".

[Second reading presentation speech made in:

House of Assembly on 25 MARCH 1999

Legislative Council on 27 APRIL 1999]