Western Australia
Sentencing Legislation Amendment Act 2004
Western Australia
Sentencing Legislation Amendment Act 2004
CONTENTS
Part 1 — Preliminary
| 1. | Short title | 2 |
| 2. | Commencement | 2 |
| Part 2 — Amendments about suspended imprisonment | ||
| Division 1 — Sentencing Act 1995 amended | ||
| 3. | The Act amended by this Division | 3 |
| 4. | Section 80 amended | 3 |
| 5. | Part 12 inserted | 3 |
| Part 12 — Conditional suspended imprisonment | ||
| Division 1 — Imposition and effect of CSI |
81. Certain courts may suspend imprisonment
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| 82. |
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| 83. |
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| 84. |
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| 84A. |
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| 84B. |
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| 84C. |
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Division 2 — Consequences of re-offending
| 84D. | Re-offender may be dealt with or | ||
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| 84E. |
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| 84F. |
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Division 3 — Amending, cancelling and enforcing
CSI requirements
| 84G. | Interpretation | 15 |
Sentencing Legislation Amendment Act 2004
Contents
| 84H. | Application to amend or cancel | 16 |
| 84I. | Court may confirm, amend or cancel | |
| requirement | 16 | |
| 84J. | Breach of CSI requirement: offence | 17 |
| 84K. | Breach of CSI requirement: procedure and | |
| penalty | 17 | |
| 84L. | Breach of requirement: court’s powers to | |
| deal with | 18 | |
| 84M. | Facilitation of proof | 19 |
Division 4 — Functions of speciality courts as to CSI
| 84N. | Application of this Division | 20 |
| 84O. | Review of CSI by speciality court | 20 |
| 84P. | Speciality court to deal with re-offender | 21 |
| 84Q. | Speciality court to deal with application to | |
| amend or cancel CSI | 21 | |
| 84R. | Speciality court to deal with proceedings | |
| for breaches | 22 |
| 6. | Consequential amendments | 22 |
| 7. | Section 84D amended | 23 |
| 8. | Section 84E amended | 23 |
| Division 2 — Sentence Administration Act 2003 |
amended
| 9. | The Act amended by this Division | 24 |
| 10. | Section 4 amended | 24 |
| 11. | Section 77 amended | 24 |
| 12. | Minor consequential amendments | 25 |
| Part 3 — Amendments to other Acts | ||
| 13. | Bail Act 1982 amended | 26 |
| 14. | Children’s Court of Western Australia Act 1988 | |
| amended | 26 | |
| 15. | Criminal Investigation (Identifying People) | |
| Act 2002 amended | 27 | |
| 16. | Prisons Act 1981 amended | 27 |
| 17. | Young Offenders Act 1994 amended | 27 |
| Western Australia |
Sentencing Legislation Amendment Act 2004
No. 27 of 2004
other Acts.
An Act to amend the Sentencing Act 1995 and the Sentence
[Assented to 14 October 2004]
The Parliament of Western Australia enacts as follows:
Sentencing Legislation Amendment Act 2004
| Part 1 | Preliminary |
| s. 1 |
Part 1 — Preliminary
1. Short title
| This Act may be cited as the Sentencing Legislation Amendment Act 2004. |
2. Commencement
| (1) | This Act comes into operation on a day fixed by proclamation. |
| (2) | Different days may be fixed under subsection (1) for different provisions. |
Sentencing Legislation Amendment Act 2004
| Amendments about suspended imprisonment | Part 2 |
| Sentencing Act 1995 amended | Division 1 |
s. 3
Part 2 — Amendments about suspended imprisonment
Division 1 — Sentencing Act 1995 amended
3. The Act amended by this Division
| The amendments in this Division are to the Sentencing Act 1995*. |
| [* Reprint 3 as at 10 October… |