Sentencing Amendment Regulations 2006 (WA)

12 May 2006 GOVERNMENT GAZETTE, WA 1785

JU302*

Sentencing Act 1995

Sentencing Amendment

Regulations 2006

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Sentencing Amendment
Regulations 2006.

2.             Commencement

These regulations come into operation on the day on which the Sentencing Legislation Amendment Act 2004 Part 2 comes into operation.

3.             The regulations amended

The amendments in these regulations are to the Sentencing
Regulations 1996*.

[* Reprinted as at 3 September 2002.

For amendments to 27 January 2006 see Western Australian Legislation Information Tables for 2004, Table 4, p. 370, and Gazette 28 April 2005 and 24 January 2006.]

4.             Regulation 3 amended

Regulation 3(1) is amended in the definition of “court officer” by deleting paragraphs (b) and (c) and inserting the following paragraph instead —

“

(b) in the Magistrates Court or the Children’s Court — a registrar of the court.

”.

5.             Regulation 4A amended

Regulation 4A(a) is amended by deleting “court of petty
sessions” and inserting instead —

“ Magistrates Court ”.

6.             Regulation 4E amended

Regulation 4E(1) is amended by deleting “a court of petty
sessions” and inserting instead —

“ the Magistrates Court ”.

1786 GOVERNMENT GAZETTE, WA 12 May 2006

7.             Regulation 6 amended

Regulation 6(1) is amended as follows:

(a) by deleting “a court of summary jurisdiction” and inserting instead —

“ the Magistrates Court ”;

(b) by deleting “the clerk of the court” and inserting instead —

“ a registrar ”;

(c) in paragraph (a)(i) by deleting “complaint” and inserting instead —

“ prosecution notice ”.

8.             Regulation 6AA amended

Regulation 6AA is amended by deleting “section 44(a)(ii)” and
inserting instead —

“ section 44(1)(a)(ii) ”.

9.             Regulation 6B inserted

After regulation 6A the following regulation is inserted —

“

6B.	Conditional suspended imprisonment — prescribed courts (s. 81)
For the purposes of section 81 of the Act the following courts are prescribed —

(a) the Supreme Court;
(b) the District Court;
(c) the Children’s Court;

(d) a speciality court.

”.

10.           Part 6 heading amended

The heading to Part 6 is amended by deleting “and community
orders” and inserting instead —

“

, community orders and conditional
suspended imprisonment

”.

11.           Regulation 10 amended

(1)	Regulation 10(1) is amended by inserting after “section” —
“ 84H or ”.
(2)	Regulation 10(6) is amended by inserting after “community order” —
“ or a CSI requirement ”.

12 May 2006 GOVERNMENT GAZETTE, WA 1787

(3) Regulation 10(7) is amended by deleting “under section 126 of
the Act”.

12.           Regulation 11 replaced

Regulation 11 is repealed and the following regulation is
inserted instead —

“

11.           CEO to be notified when offender dealt with

If a court acts under section 84F, 84I, 84K, 84L, 127, 130, 132 or 133 of the Act, a court officer is to notify the CEO of any orders made by the court.

”.

13.           Regulation 13 amended

(1)	Regulation 13(2) is amended by deleting “sections 14, 33J, 33P, 50, 79, 84E and 129 of ” .
(2)	Regulation 13(3) is amended by deleting “section 17 of ” .
(3)	Regulation 13(4) is amended by deleting “sections 78, 128 and 132 of ” .
(4)	After regulation 13(4) the following subregulation is inserted —

“

(4a) The prescribed form for a complaint for the purposes of
section 84E of the Act is Form 5 in Schedule 1 with
such modifications as are necessary.

”.

14.           Schedule 2 amended

(1)	Schedule 2 is amended under the heading “Acts” by deleting “Justices Act 1902 s. 57(3)” and “Local Courts Act 1904 s. 44(2)”.
(2)	Schedule 2 is amended under the heading “Acts” by inserting the following item in the appropriate alphabetical position —
“ Criminal Procedure Act 2004 Sch. 2 cl. 5 ”.
(3)	Schedule 2 is amended by deleting all of the items under the heading “Subsidiary legislation” and inserting the following items instead —
“

Aboriginal Communities Act 1979 — all offences in by-laws

in force under s. 7 of that Act

Aerial spraying Control Regulations 1971 r. 15
Navigable Waters Regulations r. 40, 53(1)

”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.