Sentencing Legislation Amendment Act 2006 (ACT)

Sentencing Legislation Amendment Act 2006

A2006-23

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended—sch 1 and sch 2  2

4. Crimes (Sentencing) Regulation 2006—sch 3 2

5. Crimes (Sentence Administration) Regulation 2006—sch 4 3

6. Legislation repealed  4

Schedule 1Consequential amendments  5

Part 1.1Administrative Decisions (Judicial Review) Act 1989           5

Part 1.2Bail Act 1992  7

Part 1.3Children and Young People Act 1999  12

Part 1.4Clinical Waste Act 1990  19

Part 1.5Confiscation of Criminal Assets Act 2003  20

Part 1.6Coroners Act 1997  22

Part 1.7Crimes Act 1900  26

Part 1.8Crimes (Child Sex Offenders) Act 2005  31

Part 1.9Crimes (Forensic Procedures) Act 2000  35

Part 1.10Crimes (Restorative Justice) Act 2004  37

Part 1.11Crimes (Sentencing) Act 2005  40

Part 1.12Crimes (Sentence Administration) Act 2005  49

Part 1.13Director of Public Prosecutions Act 1990  72

Part 1.14Domestic Violence and Protection Orders Act 2001           73

Part 1.15Drugs of Dependence Act 1989  73

Part 1.16Electoral Act 1992  75

Part 1.17Evidence (Miscellaneous Provisions) Act 1991                77

Part 1.18Firearms Act 1996  78

Part 1.19Firearms Regulation 1997  79

Part 1.20Food Act 2001  79

Part 1.21Hawkers Act 2003  79

Part 1.22Health Professionals Regulation 2004  80

Part 1.23Judicial Commissions Act 1994  80

Part 1.24Juries Act 1967  80

Part 1.25Land (Planning and Environment) Act 1991  82

Part 1.26Legislation Act 2001  83

Part 1.27Magistrates Court Act 1930  85

Part 1.28Mental Health (Treatment and Care) Act 1994                 100

Part 1.29Prohibited Weapons Act 1996  101

Part 1.30Road Transport (Alcohol and Drugs) Act 1977               102

Part 1.31Royal Commissions Act 1991  103

Part 1.32Security Industry Regulation 2003  103

Part 1.33Spent Convictions Act 2000  104

Part 1.34Supreme Court Act 1933  106

Part 1.35Supreme Court Rules 1937  107

Part 1.36Taxation Administration Act 1999  108

Part 1.37Victims of Crime (Financial Assistance) Act 1983           110

Part 1.38Victims of Crime (Financial Assistance) Regulation 1998    113

Part 1.39Workers Compensation Act 1951  113

Schedule 2Crimes Act 1900—other amendments 114

Schedule 3New Crimes (Sentencing) Regulation  125

Schedule 4New Crimes (Sentence Administration) Regulation 127

Dictionary130

Sentencing Legislation Amendment Act 2006

A2006-23

An Act to amend Acts because of the enactment of the Crimes (Sentencing) Act 2005 and Crimes (Sentence Administration) Act 2005, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Sentencing Legislation Amendment Act 2006.

2. Commencement

   (1)This Act commences on the commencement of the Crimes (Sentence Administration) Act 2005.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   (2)However, an amendment made by this Act for which there is a commencement date stated in brackets at the end of the amendment commences on the date stated.

3. Legislation amended—sch 1 and sch 2

   This Act amends the legislation mentioned in schedule 1 and schedule 2.

4. Crimes (Sentencing) Regulation 2006—sch 3

   (1)The provisions set out in schedule 3 are taken, on the commencement of this section, to be a regulation made under the Crimes (Sentencing) Act 2005, section 139 (Regulation-making power).

   (2)To remove any doubt and without limiting subsection (1), the provisions set out in schedule 3 may be amended or repealed as if they had been made as a regulation by the Executive under the Crimes (Sentencing) Act 2005, section 139.

   (3)To remove any doubt, the regulation mentioned in subsection (1) is taken—

   (a)to have been notified under the Legislation Act on the day this Act is notified; and

   (b)to have commenced on the commencement of the Crimes (Sentencing) Act 2005; and

   (c)not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).

   (4)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

   (5)This section expires on the day it commences.

5. Crimes (Sentence Administration) Regulation 2006—sch 4

   (1)The provisions set out in schedule 4 are taken, on the commencement of this section, to be a regulation made under the Crimes (Sentence Administration) Act 2005, section 325 (Regulation-making power).

   (2)To remove any doubt and without limiting subsection (1), the provisions set out in schedule 4 may be amended or repealed as if they had been made as a regulation by the Executive under the Crimes (Sentence Administration) Act 2005, section 325.

   (3)To remove any doubt, the regulation mentioned in subsection (1) is taken—

   (a)to have been notified under the Legislation Act on the day this Act is notified; and

   (b)to have commenced on the commencement of the Crimes (Sentence Administration) Act 2005; and

   (c)not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).

   (4)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

   (5)This section expires on the day it commences.

6. Legislation repealed

   (1)The following Acts are repealed:

   ·     Community Based Sentences (Transfer) Act 2003 A2003-5

   ·     Corrections Reform Amendment Act 2004 A2004-61

   ·     Custodial Escorts Act 1998 A1998-66

   ·     Parole Orders (Transfer) Act 1983 A1983-10

   ·     Periodic Detention Act 1995 A1995-3

   ·     Prisoners (International Transfer) Act 1999 A1999-9

   ·     Prisoners Interstate Leave Act 1997 A1997-99

   ·     Prisoners (Interstate Transfer) Act 1993 A1993-70

   ·     Rehabilitation of Offenders (Interim) Act 2001 A2001-82

   ·     Remand Centres Act 1976 A1976-48

   ·     Removal of Prisoners Act 1968 A1968-82

   ·     Supervision of Offenders (Community Service Orders) Act 1985 A1985-10.

   (2)The following regulations are repealed:

   ·     Community Based Sentences (Transfer) Regulation 2004 SL2004‑51

   ·     Custodial Escorts Regulation 2002 SL2002-11

   ·     Periodic Detention Regulation 1995 SL1995-34

   ·     Rehabilitation of Offenders (Interim) Regulation 2001 SL2001‑39

   ·     Remand Centres Regulation 1976 SL1976-17.

   (3)All other registrable instruments under an Act mentioned in subsection (1) are repealed.

Schedule 1Consequential amendments

(see s 3)

Part 1.1Administrative Decisions (Judicial Review) Act 1989

[1.1]Schedule 1, new item 4

insert

4 Crimes (Sentence Administration) Act 2005 A decision of the chief executive under any of the following provisions: ·      section 20 (Directions to escort officers) ·      section 31 (Early release of offender) ·      section 37 (Full-time detention—return from NSW) ·      section 45 (Periodic detention—alcohol and drug tests) ·      section 46 (Periodic detention—personal searches) ·      section 95 (Community service work—alcohol and drug tests) ·      section 96 (Community service work—frisk searches).

[1.2]Schedule 1, items 4 to 17

renumber as items 5 to 18

[1.3]Schedule 2, new item 2.6

insert

2.6Certain decisions under the Crimes (Sentence Administration) Act

(1)A decision by the chief executive under any of the following provisions of the Crimes (Sentence Administration) Act 2005:

·     section 25 (Full-time detention—chief executive directions)

·     section 28 (Work and activities by full-time detainee)

·     section 44 (Periodic detention—chief executive directions)

·     section 53 (Periodic detention—activities and work)

·     section 55 (Periodic detention—approval not to perform etc)

·     section 58 (Failing to perform periodic detention—extension of periodic detention period)

·     section 59 (Failing to perform periodic detention—referral to board)

·     section 60 (Offender not fit for periodic detention—extension of periodic detention period)

·     section 87 (Good behaviour—chief executive directions)

·     section 91 (Community service work—chief executive directions)

·     section 92 (Community service work—failure to report etc)

·     section 100 (Rehabilitation programs—chief executive directions)

·     section 138 (Parole—chief executive directions)

·     section 302 (Release on licence—chief executive directions)

·     section 321 (Chief executive directions—general).

(2)A decision by a work supervisor under the Crimes (Sentence Administration) Act 2005, section 54 (3) or (4) (Periodic detention—activities or work outside correctional centres).

Part 1.2Bail Act 1992

[1.4]Section 2, note 1

substitute

Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘mental dysfunction—see the Mental Health (Treatment and Care) Act 1994, dictionary.’ means that the term ‘mental dysfunction’ is defined in that dictionary and the definition applies to this Act.

[1.5]Section 8A

substitute

8AEntitlement to bail—breach of sentence obligations

(1)This section applies to a person arrested, or otherwise brought before the court or a magistrate, in relation to a breach, or anticipated breach, of—

(a)a deferred sentence obligation under the Crimes (Sentencing) Act 2005; or

(b)any of the following obligations under the Crimes (Sentence Administration) Act 2005:

(i)a periodic detention obligation;

(ii)a good behaviour obligation;

(iii)a parole obligation;

(iv)a release on licence obligation.

(2)The person has the same entitlement to bail in relation to the breach, or anticipated breach, of the obligation as the person has under this part in relation to the offence to which the obligation relates.

Examples

1Martin has been found guilty of armed robbery and sentenced to periodic detention.  He has breached his periodic detention obligations and is arrested and brought before a magistrate under the Crimes (Sentence Administration) Act 2005, section 65 (Arrest warrant—breach of periodic detention obligations). There is no presumption in relation to bail because the offence of armed robbery is an offence to which division 2.2 (Presumption for bail) does not apply.

2Joe has been found guilty of threatening to kill.  Joe had, 3 years before, been found guilty of an offence involving violence.  A suspended sentence order under the Crimes (Sentencing) Act 2005 is made as part of the sentence for the offence of threatening to kill and Joe is released under the order on signing an undertaking under a good behaviour order.  However, Joe breaches the good behaviour order and is before the court on an application to cancel the order.  There is no presumption in relation to bail because section 9B (b) applies to make the offence of threatening to kill an offence to which division 2.2 (Presumption for bail) does not apply.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3)This section also applies to a person arrested, or otherwise brought before the court, in relation to a breach, or anticipated breach, of an obligation under an order to which the Crimes (Sentence Administration) Act 2005, section 332 (Home detention orders—Rehabilitation of Offenders (Interim) Act) applies.

(4)Subsection (3) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(5)This subsection, subsection (3) and subsection (4) expire 3 years after the day this section commences.

8BEntitlement to bail—custody relating to sentence administration board hearings

(1)This section applies if—

(a)a person is arrested under the Crimes (Sentence Administration) Act 2005, section 206 (Arrest of offender for board hearing) and brought before a magistrate; or

(b)a person is remanded in custody under the Crimes (Sentence Administration) Act 2005, section 210 (Custody of offender during board hearing adjournment) and an application for bail for the person is made to a court or magistrate.

(2)The person has the same entitlement to bail as the person had for the offence to which the board hearing relates.

[1.6]Section 9D (6), definition of outstanding, note

substitute

NoteFound guilty, of an offence, includes—

·     having an order made for the offence under the Crimes (Sentencing) Act 2005, s 17 (Non-conviction orders—general)

·     having the offence taken into account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding additional offences taken into account in sentencing)

·     having an order made for the offence under the Children and Young People Act 1999, s 98 (Disposition without proceeding to conviction)

(see Legislation Act, dict, pt 1).

[1.7]Section 25 (4) (e) and examples

substitute

(e)a requirement that the person—

(i)accept supervision by the chief executive; and

(ii)comply with any reasonable direction of the chief executive; and

Examples of directions

1a direction to attend a program

2a direction to comply with a mental health assessment or treatment order made by the mental health tribunal

3a direction to attend drug or alcohol counselling

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

[1.8]Section 31 (1) (d)

substitute

(d)for an accused person who is at a correctional centre or a NSW correctional centre—the person in charge of the centre.

[1.9]Section 48 (2) to (5)

substitute

(2)The person in charge of the correctional centre or other place where the person is in custody must give the court written notice that the person remains in custody because of the failure to comply with a bail condition.

NoteIf a form is approved under s 58 for a notice, the form must be used.

(3)The notice must be given to the court not later than 7 days after the day the person is received into custody.

(4)To remove any doubt, the court to which a notice is given under subsection (2) may, on its own initiative, conduct a review under section 46 of the condition on which bail was granted.

(5)A notice under this section is required to be given only once in relation to any particular grant of bail.

(6)A regulation may prescribe information that is to be given to a court with a notice under this section.

[1.10]Dictionary, note 2, new dot points

insert

·     chief executive

·     correctional centre

[1.11]Dictionary, note 2

omit

·     director of corrective services

[1.12]Dictionary, note 2, new dot point

insert

·     found guilty

[1.13]Dictionary, definition of accused person, paragraph (d)

substitute

(d)a person subject to an order under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); and

[1.14]Dictionary, definition of offence, paragraph (b) (ii)

substitute

(ii)a breach of an obligation mentioned in section 8A (Entitlement to bail—breach of sentence obligations).

[1.15]Dictionary, definition of parental responsibility

substitute

parental responsibility—a person has parental responsibility for a child or young person if the person has parental responsibility for the child or young person under the Children and Young People Act 1999, section 18.

NoteFor the meaning of parental responsibility, see the Children and Young People Act 1999, s 17.

Part 1.3Children and Young People Act 1999

[1.16]Section 76, definition of police officer

substitute

police officer includes a office-holder under an Act who, because of the Act, has the power to arrest or detain a person or to take a person into the office-holder’s custody, but does not include a corrections officer.

NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

[1.17]Section 85 (2) and (4) (a)

omit

remand centre

substitute

correctional centre

[1.18]Section 87 (1)

omit

a custodial escort

substitute

corrections officer

[1.19]Section 95 (4)

substitute

(4)If the Childrens Court makes an order under subsection (2), the court must not make—

(a)an order under any of the following provisions of the Crimes (Sentencing) Act 2005 for the offence:

(i)section 17 (Non-conviction orders—general);

(ii)section 19 (Reparation orders—losses and expenses generally);

(iii)section 20 (Reparation orders—stolen property); or

(b)a good behaviour order with a community service condition under the Crimes (Sentencing) Act 2005.

[1.20]Section 99 (2)

substitute

(2)For subsection (1) (b), the Childrens Court may make a good behaviour order under the Crimes (Sentencing) Act 2005—

(a)section 13 (Good behaviour orders); or

(b)section 17 (2) (b) (Non‑conviction orders—general).

(3)However, the good behaviour order must not include any of the following conditions under the Crimes (Sentencing) Act 2005, section 13:

(a)that the young person give security for a stated amount, with or without sureties, for compliance with the order;

(b)a community service condition;

(c)a rehabilitation program condition;

(d)a probation condition.

(4)Subsection (2) and (3) (d) do not limit the Childrens Court’s power to make a probation order under section 96 (Disposition of young offenders).

[1.21]Section 102 (3)

omit

prison

substitute

a correctional centre

[1.22]Section 102 (4) (b)

substitute

(b)the outstanding fine has not been remitted by the Executive.

Note 1For the remission of a fine by the Executive, see the Crimes (Sentence Administration) Act 2005, s 313 (Remission of penalties).

Note 2A fine also may have been remitted under the Magistrates Court Act 1930, s 159 (repealed) or the Crimes Act 1900, s 434 (repealed).

[1.23]Section 120 (6)

omit

a custodial escort

substitute

corrections officer

[1.24]Section 122

substitute

1. Temporary custody before transfer between institutions

   (1)If the chief executive gives a transfer direction under section 120 for a person, the person may be placed in a shelter or correctional centre until the person is transferred.

   NoteCorrectional centre is defined in the Legislation Act, dict, pt 1.

   (2)However, the person must not be placed in a correctional centre without the written approval of—

   (a)the chief executive; and

   (b)the chief executive of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.

   (3)The person must not be kept in a shelter for longer than 14 days without the written approval of the chief executive.

   (4)The person must not be kept at a correctional centre for longer than 14 days without the written approval of—

   (a)the chief executive; and

   (b)the chief executive of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.

   (5)A transfer direction for a person is authority for an officer, corrections officer or police officer—

   (a)to take the person to and from a shelter or correctional centre for this section; and

   (b)to take the person to the institution in accordance with the direction.

   (6)The authority under subsection (5) (a) is subject to the direction.

[1.25]Section 124 (2) (b) and (3)

omit

remand centre

substitute

correctional centre

[1.26]Sections 125 and 126

substitute

1. Placing in shelter or correctional centre

   (1)If the Childrens Court commits a young person to an institution or State institution, the young person must be placed in a shelter or correctional centre until the young person is removed to the institution.

   NoteCorrectional centre is defined in the Legislation Act, dict, pt 1.

   (2)The young person must not be kept in a shelter or correctional centre for longer than 14 days without an order of the Childrens Court or the written approval of the chief executive.

   (3)An order committing a young person to an institution or State institution is authority for an officer, corrections officer or police officer to do 1 or more of the following:

   (a)take the young person to and from a shelter or correctional centre for this section;

   (b)take the young person to the institution or State institution;

   (c)for a young person committed to a State institution—take the young person to the State or Territory stated in the order for detention in the State institution.

   (4)The authority under subsection (3) (a) is subject to the order.

2. Young people in correctional centres

   If a young person is in a correctional centre under this Act, the Corrections Management Act 2006 applies in relation to the young person as if the young person were a full-time detainee under that Act.

   NoteCorrectional centre is defined in the Legislation Act, dict, pt 1.

[1.27]Section 131, new note

insert

NoteFor remissions, pardons and the prerogative of mercy, see the Crimes (Sentence Administration) Act 2005, pt 13.2.

[1.28]Section 139 (2) (b)

substitute

(b)a corrections officer; or

[1.29]Section 140

substitute

1. Temporary custody pending interstate transfer

   (1)If the chief executive makes an arrangement under this Act for the transfer of a young offender from the ACT to a State in the temporary control of an escort mentioned in section 139 (2), the offender may be placed in a shelter or correctional centre until the offender is delivered to the escort.

   NoteCorrectional centre is defined in the Legislation Act, dict, pt 1.

   (2)However, the young offender must not be placed in a correctional centre without the written approval of—

   (a)the chief executive; and

   (b)the chief executive of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.

   (3)The young offender must not be kept in a shelter for longer than 14 days without the written approval of the chief executive.

   (4)The young offender must not be kept at a correctional centre for longer than 14 days without the written approval of—

   (a)the chief executive; and

   (b)the chief executive of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.

   (5)An arrangement under subsection (1) is authority for an officer, corrections officer or police officer to take the young offender to and from a shelter or correctional centre for this section.

   (6)The authority under subsection (5) is subject to the arrangement.

[1.30]Section 399 (3)

substitute

(3)This section does not apply to a child or young person to whom the Corrections Management Act 2006 applies.

[1.31]Section 401A, definition of place of detention

omit

remand centre

substitute

correctional centre

[1.32]Section 417 (4), definition of place of detention

omit

remand centre

substitute

correctional centre

[1.33]Dictionary, note 2, new dot point

insert

·     correctional centre

[1.34]Dictionary, new definition of corrections officer

insert

corrections officer—see the Corrections Management Act 2006, section 20.

[1.35]Dictionary, definition of custodial escort

omit

[1.36]Dictionary, definition of remand centre

omit

Part 1.4Clinical Waste Act 1990

[1.37]Section 36

substitute

1. Disposal of seized things

   (1)The controller must take reasonable steps to return a thing seized under section 34 (e) to the person from whom it was seized, or to someone else who appears to the controller to be entitled to it, if—

   (a)a prosecution for an offence against this Act in relation to the thing is not started within 90 days after the day of the seizure; or

   (b)a person is charged with an offence against this Act in relation to the thing within the 90-day period but the person is not convicted or found guilty of the offence.

   (2)If a person is convicted or found guilty of an offence against this Act in relation to a thing seized under section 34 (e), the court may order—

   (a)that the thing be given to the person who appears to the court to be entitled to it; or

   (b)that the thing be forfeited to the Territory.

Part 1.5Confiscation of Criminal Assets Act 2003

[1.38]Section 15 (1), note 1

substitute

Note 1Found guilty, of an offence, includes—

·     having an order made for the offence under the Crimes (Sentencing) Act 2005, s 17 (Non-conviction orders—general)

·     having the offence taken into account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding additional offences taken into account in sentencing)

·     having an order made for the offence under the Children and Young People Act 1999, s 98 (Disposition without proceeding to conviction)

(see Legislation Act, dict, pt 1).

[1.39]Section 19, definition of restraining order, paragraph (b)

substitute

(b)another order under this Act of a relevant court; or

[1.40]New section 23 (4)

insert

(4)Subsections (1) and (2) do not apply if the dealing with the property is in accordance with—

(a)an additional order under section 39; or

(b)this Act.

[1.41]Section 33 (1) (b)

substitute

(b)another order under this Act of a relevant court; or

[1.42]Section 39 (1), example 2

omit

or execution levied against the property

[1.43]Section 51 heading

substitute

1. Penalty orders—execution against restrained property

[1.44]Section 86 (3) (d)

substitute

(d)any amount payable by the offender under a reparation order under the Crimes (Sentencing) Act 2005, or any corresponding order made under the law of the Commonwealth, a State or another Territory;

NoteA reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).

Part 1.6Coroners Act 1997

[1.45]Section 2, note 1

substitute

Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘death in custody—see section 3C.’ means that the term ‘death in custody’ is defined in that section.

[1.46]Section 3

omit

[1.47]New sections 3C and 3D

in part 1, insert

3CMeaning of death in custody

(1)For this Act, death in custody means the death of a person—

(a)at a correctional centre or lockup; or

(b)while performing work under a community service condition of a good behaviour order under the Crimes (Sentencing) Act 2005; or

NoteAn order under the Crimes Act 1900, s 408 (Directions to perform work) (repealed) is taken to be a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 339).

(c)while performing work under a community service order under the Children and Young People Act 1999; or

(d)while performing periodic detention under the Crimes (Sentencing) Act 2005; or

(e)while being taken into or detained in custody, or subject to an order, under the Mental Health (Treatment and Care) Act 1994; or

(f)while subject to an order under the Children and Young People Act 1999, section 96 (1) (i) to (m) (Disposition of young offenders); or

(g)while subject to an arrangement under the Children and Young People Act 1999, section 134 (Arrangements for transfer—general) or section 145 (Lawful custody for transit through ACT); or

(h)while at a licensed place under the Intoxicated People (Care and Protection) Act 1994; or

(i)while in, being taken into, or after being taken into, the custody of a custodial officer; or

(j)while escaping, or attempting to escape, from the custody of a custodial officer, other than a carer under the Intoxicated People (Care and Protection) Act 1994.

(2)Also, death in custody includes death because of a fatal injury sustained in a place, or in circumstances, mentioned in subsection (1).

(3)For subsection (1) (f) and (g), a person is subject to an order or arrangement—

(a)while being taken into, or detained in, custody under the order or arrangement; or

(b)while being restrained, or otherwise being provided with care, under the order or arrangement; or

(c)while otherwise subject to the order or arrangement.

(4)Subsection (1) (b), note and this subsection expire on 2 June 2011.

3DWho is a custodial officer?

In this Act:

custodial officer means any of the following:

(a)a police officer;

(b)the person in charge of a correctional centre;

(c)a corrections officer;

(d)the chief psychiatrist;

(e)a mental health officer;

(f)the chief executive of the administrative unit responsible for the Children and Young People Act 1999, chapter 2 (General objects, principles and parental responsibility) or an officer under that Act;

(g)the sheriff, a deputy sheriff, or a person appointed to assist the sheriff, under the Supreme Court Act 1933;

(h)a carer under the Intoxicated People (Care and Protection) Act 1994.

[1.48]Dictionary, note 2

substitute

·     Act

·     ACT

·     appoint

·     Attorney-General

·     Chief Magistrate

·     child

·     correctional centre

·     corrections officer

·     director of public prosecutions

·     domestic partner (see s 169 (1))

·     establish

·     Executive

·     exercise

·     give

·     indictable offence

·     individual

·     in relation to

·     instrument

·     law

·     lawyer

·     magistrate

·     Minister (see s 162)

·     oath

·     parent

·     person

·     police officer

·     power

·     proceeding

·     property

·     public servant

·     registrar-general

·     regulation

·     Supreme Court

·     the Territory

·     under

[1.49]Dictionary, new definition of chief psychiatrist

insert

chief psychiatrist—see the Mental Health (Treatment and Care) Act 1994, dictionary.

[1.50]Dictionary, definition of custodial officer

substitute

custodial officer—see section 3D.

[1.51]Dictionary, definition of death in custody

substitute

death in custody—see section 3C.

[1.52]Dictionary, new definition of mental health officer

insert

mental health officer—see the Mental Health (Treatment and Care) Act 1994, dictionary.

[1.53]Dictionary, definition of registrar-general

omit

Part 1.7Crimes Act 1900

[1.54]Section 157

substitute

1. Meaning of lawful custody—periodic detention

   For this part, an offender serving periodic detention in the offender’s periodic detention period of a sentence of imprisonment under the Crimes (Sentencing) Act 2005 is taken to be in lawful custody only while performing periodic detention.

   NoteThe Crimes (Sentence Administration) Act 2005, pt 5.3 provides for the performance of periodic detention.

[1.55]Section 159 (d)

substitute

(d)takes anything into a correctional centre, lockup or another place of lawful detention with intent to facilitate the escape from there of someone else who is detained or in custody in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory;

[1.56]Section 161 (c)

substitute

(c)rescues by force a person who is in lawful custody at a correctional centre, lockup or another place of lawful detention in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory from that centre, lockup or place; or

[1.57]Section 162 (a)

substitute

(a)in accordance with a permission given under a law of the Territory, the Commonwealth, a State or another Territory, leaves a correctional centre, lockup or another place of lawful detention where the person is detained, in custody or detained during pleasure in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory; and

[1.58]Sections 162 (b) and 163 (1) (a)

omit

prison

substitute

correctional centre

[1.59]Section 165

omit

[1.60]Section 214 (3) (a)

substitute

(a)authorising a police officer or corrections officer to take the person to a correctional centre or other place of detention stated in the warrant; and

[1.61]Section 248 (1)

substitute

(1)A knife seized under section 193 (Power to conduct search of person for knife) is forfeited to the Territory if the person from whom the knife was seized is convicted or found guilty of an offence against section 382 (Possession of knife in public place or school) in relation to the knife.

[1.62]Section 263 (2)

omit

to him or her seems meet

substitute

the judge considers appropriate

[1.63]Section 288 (2)

substitute

(2)On a trial on indictment the defendant must not, without the court’s leave, present evidence in support of an alibi unless, within 14 days after the day the defendant is committed for trial, the defendant gives notice of particulars of the alibi.

[1.64]Section 308 (d)

omit

prison

substitute

a correctional centre

[1.65]Section 309 (1) (a)

omit

custodial escort

substitute

corrections officer

[1.66]Section 315 (3)

omit

prison or remand centre

substitute

correctional centre

[1.67]Section 334 (6)

substitute

(6)If the Magistrates Court makes an order under subsection (2), it must not make an order under any of the following provisions of the Crimes (Sentencing) Act 2005 for the offence:

(a)section 13 (Good behaviour orders);

(b)section 17 (Non-conviction orders—general);

(c)section 19 (Reparation orders—losses and expenses generally);

(d)section 20 (Reparation orders—stolen property).

[1.68]Part 15

omit

[1.69]Sections 368, 369 and 370

omit

[1.70]Section 397 (2)

omit

the defendant may be imprisoned

substitute

the magistrate may order that the defendant be imprisoned

[1.71]Sections 400 and 401

omit

[1.72]Parts 18 and 19

omit

[1.73]Section 430 (2) (b)

substitute

(b)confirm the conviction and recommend that the Executive act under either of the following sections of the Crimes (Sentence Administration) Act 2005 in relation to the convicted person:

(i)section 313 (Remission of penalties);

(ii)section 314 (Grant of pardons); or

[1.74]Part 21

omit

[1.75]Section 436

omit

[1.76]Section 437

substitute

1. Power of courts to bring detainees before them

   For a trial or prosecution, a court may order the person in charge of a correctional centre or other place where a person is detained in lawful custody to bring the person before the court and to return the person to the centre or other place in accordance with the order.

[1.77]Section 441 (6) (b) (ii)

substitute

(ii)a good behaviour order; or

[1.78]Dictionary, note 2, new dot point

insert

·     correctional centre

[1.79]Dictionary, new definition of corrections officer

insert

corrections officer—see the Corrections Management Act 2006, section 20.

Part 1.8Crimes (Child Sex Offenders) Act 2005

[1.80]Section 7 (1) (c)

substitute

(c)an offence taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account) in making a sentence-related order in relation to a principal offence, or an admission (however described) being accepted in relation to the offence under a corresponding provision of a foreign law;

[1.81]Section 7 (1) (d) (i)

substitute

(i)the Crimes (Sentencing) Act 2005, section 17 (Non‑conviction orders—general); or

NoteAn order under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) is taken to be a non-conviction order that is a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 336).

[1.82]Section 7 (2) (a) (i)

substitute

(i)the offence was taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account) in making a sentence‑related order in relation to a principal offence; and

[1.83]New section 7 (3)

insert

(3)For this section, a reference to taking into account an offence includes the taking into account of the offence under the Crimes Act 1900, section 357 (repealed).

[1.84]Section 9 (1) (a) (i)

substitute

(i)the Crimes (Sentencing) Act 2005, section 17 (Non‑conviction orders—general); or

NoteAn order under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) is taken to be a non-conviction order that is a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 336).

[1.85]New section 9 (4)

insert

(4)Subsection (1) (a) (i), note and this subsection expire on 3 June 2021.

[1.86]Section 108 (1) (c)

substitute

(c)stops being subject to a good behaviour order under the Crimes (Sentencing) Act 2005; or

NoteAn order under the Crimes Act 1900, s 403 (1) (a) (Conditional release of offenders) (repealed) is taken to be a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 337).

[1.87]Section 108 (4)

substitute

(4)The following provisions expire on 3 June 2011:

(a)subsection (1) (c), note;

(b)dictionary, definition of community service order, paragraph (a), note;

(c)this subsection.

[1.88]Dictionary, definition of community service order, paragraph (a)

substitute

(a)means a community service order within the meaning of the Crimes (Sentencing) Act 2005, section 13 (6) (Good behaviour orders); or

NoteAn order under the Crimes Act 1900, s 408 (Directions to perform work) (repealed) is taken to be a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 339).

[1.89]Dictionary, definition of detainee

omit

[1.90]Dictionary, definition of government custody, paragraph (b)

substitute

(b)as a detainee under the Corrections Management Act 2006; or

[1.91]Dictionary, definition of parole

substitute

parole means parole under the Crimes (Sentence Administration) Act 2005, and includes an equivalent order (however described) made under a foreign law.

NoteA parole order under the Rehabilitation of Offenders (Interim) Act 2001 (repealed) is taken to be a parole order under the Crimes (Sentence Administration) Act 2005 (see that Act, s 343 and s 344).

Part 1.9Crimes (Forensic Procedures) Act 2000

[1.92]Section 71 (a)

substitute

(a)for a person on whom the procedure is proposed to be carried out who is not serving a sentence of imprisonment at a correctional centre or other place of detention—the person is a serious offender; and

NoteCorrectional centre includes a NSW correction centre, see the dictionary.

[1.93]Section 72 (1) (f) (i)

substitute

(i)if the serious offender is serving a sentence of imprisonment at a correctional centre or other place of detention—a medical officer for the centre or place be present while the blood is taken; or

[1.94]Section 78 (1)

omit

in prison

substitute

in custody at a correctional centre

[1.95]Section 78 (1)

omit

the prison

substitute

the correctional centre

[1.96]Section 78 (1), new note

insert

NoteCorrectional centre includes a NSW correction centre, see the dictionary.

[1.97]Section 78 (2)

omit

in a prison

substitute

in custody at a correctional centre

[1.98]Dictionary, new definitions

insert

correctional centre includes a NSW correctional centre.

NoteCorrectional centre and NSW correctional centre are defined in the Legislation Act, dict, pt 1.

medical officer, for a correctional centre, means a medical officer appointed for the centre.

[1.99]Dictionary, definitions of prison, prison medical officer and remand centre

omit

Part 1.10Crimes (Restorative Justice) Act 2004

[1.100]Section 13

substitute

1. Definition—sentence-related order

   In this Act:

   sentence-related order, for an offender who is found guilty of an offence, means—

   (a)for an adult offender, any of the following orders of the court:

   (i)an order sentencing the offender;

   (ii)an order under the Crimes (Sentencing) Act 2005, section 12 (Suspended sentences) or section 17 (Non‑conviction orders—general);

   NoteOrders under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) and s 403 (Conditional release of offenders) (repealed) are taken to be orders under the Crimes (Sentencing) Act 2005, s 12 or s 17 (see Crimes (Sentence Administration) Act 2005, s 336 to s 338).

   (b)for a young offender, any of the following orders under the Children and Young People Act 1999:

   (i)an order under that Act, section 96 (Disposition of young offenders);

   (ii)an order under that Act, section 98 (Disposition without proceeding to conviction), including an order dismissing a charge.

   Examples for par (a) (i)

   1     an order for a sentence of imprisonment

   2     an order for periodic detention under the Crimes (Sentencing) Act 2005

   3     a good behaviour order under the Crimes (Sentencing) Act 2005, including an order subject to a community service condition

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

[1.101]Section 20 (2), note 2

substitute

Note 2The Crimes (Sentencing) Act 2005, section 33 (1) (x) provides that, in deciding how an offender should be sentenced (if at all) for an offence, the matters known to the court that it must consider include, if relevant, the fact that the person has accepted responsibility for the offence to take part in restorative justice.

However, the Crimes (Sentencing) Act 2005, section 34 (1) (g) provides that a court must not increase the severity of the sentence that it would otherwise impose on a person for an offence because the offender has chosen not to take part, or to continue to take part, in restorative justice for the offence.

[1.102]Section 55 (2), example

substitute

Example

Sam is an offender, and Bella is a victim of Sam’s offence.  Sam is found guilty of the offence but, under the Crimes (Sentencing) Act 2005, section 17 (Non‑conviction orders—general), the charge is dismissed and no conviction is recorded. After taking part in a restorative justice conference, Sam and Bella sign a restorative justice agreement under which Sam agrees to work in Bella’s garden every Saturday for 6 months.

However, 4 months after the start of the agreement, the company Sam works for moves its head office from Canberra to Brisbane, and Sam is required to move there before the 6 months is over to keep his job.  Sam has until then complied fully with the agreement.

The convenor may consider, because of Sam’s history of compliance with the agreement, and the change in Sam’s situation, there is a change in Sam’s situation that would justify an amendment to the agreement to reduce its term so that it will end when Sam has to move to Brisbane.

Note 1See s (5), def change in the situation.  The definition excludes a change in the offender’s, victim’s or parent’s attitude to compliance with the restorative justice agreement.

Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

[1.103]Section 72 (2), example

substitute

Example

Pat has been found guilty of an offence but, without convicting Pat, the court makes a good behaviour order under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general). The offence is referred for restorative justice by the chief executive (corrections).

After a restorative justice conference, Pat enters into a restorative justice agreement with the victim of the offence.  Under the agreement, Pat promises to attend a rehabilitation program on a particular night of the week for 3 months.  However, after 2 weeks, Pat breaches the agreement by stopping to attend the program.

The chief executive (restorative justice) becomes aware of the breach of the agreement.  Under section 57 (2), the chief executive (restorative justice) must report the breach to the referring entity, the chief executive (corrections).  However, the chief executive (restorative justice) is the same person as the chief executive (corrections).

This section requires the chief executive to ensure that administrative arrangements are made for the report to be given by a delegate of the chief executive in the chief executive’s capacity as administering this Act to someone else who is a delegate of the chief executive in the chief executive’s capacity as administering sentence-related orders such as the order for Pat.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 1.11Crimes (Sentencing) Act 2005

[1.104]Section 11 (5), note 1

substitute

Note 1A condition recommended by the court is, under the Crimes (Sentence Administration) Act 2005, an additional condition of the offender’s periodic detention (see that Act, s 40, def additional condition, par (a)).

[1.105]Section 13 (8)

substitute

(8)This section is subject to chapter 6 (Good behaviour orders).

[1.106]Section 18 (5), example 2

omit

[1.107]Section 42 (4) (f)

omit

[1.108]Section 42 (4) (g) to (l)

renumber as section 42 (4) (f) to (k)

[1.109]Section 65 (2), note

omit

(see Crimes (Sentence Administration) Act 2005)

substitute

(see Crimes (Sentence Administration) Act 2005, s 140 and s 160)

[1.110]Section 67, note

substitute

NoteThe sentence administration board must have regard to any condition recommended by the sentencing court (see Crimes (Sentence Administration) Act 2005, s 130 (3)).

[1.111]New section 68 (3)

insert

(3)To remove any doubt, this section does not apply in relation to a period of full-time detention that is consequent on the suspension or cancellation of a periodic detention period.

NoteIf an offender’s periodic detention period is suspended or cancelled, the suspended part or the remainder of the sentence of periodic detention must be served by full-time detention (see Crimes (Sentence Administration) Act 2005, s 79).

[1.112]Section 71 (3) (b)

substitute

(b)section 72 (Concurrent and consecutive sentences—offences while in custody or unlawfully absent);

[1.113]Section 72 heading

substitute

1. Concurrent and consecutive sentences—offences while in custody or unlawfully absent

[1.114]Section 72 (1)

substitute

(1)This section applies if the primary sentence is imposed on the offender for any of the following offences:

(a)an offence committed while the offender was in lawful custody;

(b)an offence committed while the offender was unlawfully absent from a correctional centre or other place during the term of the offender’s sentence of imprisonment;

(c)an offence involving an escape from lawful custody.

Example of unlawful absence for par (b)

the offender fails to return to a correctional centre as required after community service work or approved leave

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

[1.115]Section 78 (4)

omit

table 86

substitute

table 79

[1.116]Section 85, definition of community service condition, note 2

substitute

Note 2Community service work is work declared by regulation under the Crimes (Sentence Administration) Act 2005 (see that Act, s 316).

[1.117]New section 110A

insert

110AReparation orders—enforcing non-money order

(1)This section applies if the reparation order does not require the payment of money.

NoteAn offender may breach a reparation order by failing to comply with it (see Legislation Act, dict, pt 1, def breach).

(2)If the offender breaches the reparation order, the person in whose favour the order was made may apply to the court for an order under this section to be made against the offender.

(3)On an application under subsection (2), the court may make an order for the payment of money against the offender in substitution for the breached order.

[1.118]Section 112 (2)

substitute

(2)To remove any doubt—

(a)an amount payable under a reparation order cannot be recovered from property that has been restrained or forfeited under the Confiscation Act; and

(b)a reparation order for the restoration of property cannot be made for property that has been restrained or forfeited under the Confiscation Act.

Note 1Restrained property may be dealt with only in accordance with the Confiscation Act (see that Act, s 19, def restraining order and s 33 (1)).  For the exclusion of restrained property from forfeiture, see the Confiscation Act, pt 6.

Note 2For applications by a person who had an interest in forfeited property for the property’s return or for compensation, see the Confiscation Act, div 9.5.

[1.119]Section 134 (5)

substitute

(5)If a conviction or finding of guilt is set aside—

(a)any relevant order to which the conviction or finding of guilt relates is set aside; and

(b)an appeal court may make any order it considers appropriate in the interests of justice consequent on any order given under subsection (3).

[1.120]Section 136 (1)

substitute

(1)This section applies to any information in relation to an offence (including an alleged offence) in a record of a criminal justice entity, including information about—

(a)a person charged with the offence; and

(b)a victim of the offence; and

(c)a person convicted or found guilty of the offence.

[1.121]Section 136 (4), definition of criminal justice entity, paragraph (g)

substitute

(g)the victims of crime coordinator under the Victims of Crime Act 1994;

(h)any other entity prescribed by regulation.

[1.122]Section 140 heading

substitute

1. Application of Act to offenders charged before and after commencement

[1.123]Section 140 (5), definition of old sentencing law, note 1

omit

Crimes (Sentencing Legislation) Consequential Amendments Act 2005

substitute

Sentencing Legislation Amendment Act 2006

[1.124]Section 140 (6)

omit

[1.125]Section 141 (1) (b)

substitute

(b)for an old nonparole period set before the commencement—the old nonparole period has not ended before the commencement.

[1.126]Section 141 (2) (a)

substitute

(a)if the old nonparole period was set before the commencement of this section—for the period remaining at the commencement; or

[1.127]Sections 141 (3) and 142 (4)

omit

[1.128]Section 143 (1)

substitute

(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act, the Crimes (Sentence Administration) Act 2005 or the Sentencing Legislation Amendment Act 2006.

[1.129]New sections 144 to 147

insert

1. Common law disabilities of convictions abolished

   Any rule of the common law that provides that a person has a legal disability because of the person’s conviction for the offence is abolished.

2. Construction of outdated references

   (1)In any Act, instrument made under an Act or document, a reference to an earlier law is, in relation to anything to which this Act applies, a reference to this Act.

   (2)In any Act, instrument made under an Act or document, a reference to a provision of an earlier law is, in relation to anything to which this Act applies, a reference to the corresponding provision of this Act.

   (3)In any Act, instrument made under an Act or document, a reference to anything that is no longer applicable because of the repeal or amendment of an earlier law by the Sentencing Legislation Amendment Act 2006, and for which there is a corresponding thing under this Act, is taken to be a reference to the thing under this Act, if the context allows and if otherwise appropriate.

   (4)In this section:

   earlier law means any of the following:

   (a)Crimes Act 1900;

   (b)Magistrates Court Act 1930;

   (c)Periodic Detention Act 1995 (repealed).

3. Application of Legislation Act, s 88

   A provision of this chapter (other than section 143 or section 147) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

4. Expiry of ch 10

   (1)This chapter expires 5 years after the day it commences.

   (2)When this chapter expires, the following provisions also expire:

   (a)Confiscation of Criminal Assets Act 2003, section 86 (3) (d), note;

   (b)the following provisions of the Magistrates Court Act 1930:

   (i)section 146, definition of fine, paragraph (e), note;

   (ii)section 154D (4), note;

   (c)the following provisions of the Victims of Crime (Financial Assistance) Act 1983:

   (i)section 35 (2) (c), note;

   (ii)section 40 (2) (c), note;

   (iii)section 66 (2) (a) (i), note.

[1.130]Dictionary, new definition of at

insert

at, in relation to a correctional centre, includes in the correctional centre.

[1.131]Dictionary, definition of community service work

substitute

community service work—see the Crimes (Sentence Administration) Act 2005, section 316.

[1.132]Dictionary, definition of corrections officer

substitute

corrections officer—see the Corrections Management Act 2006, section 20.

[1.133]Dictionary, definition of parole order

substitute

parole order—see the Crimes (Sentence Administration) Act 2005, section 117.

[1.134]Dictionary, definition of periodic detention

substitute

periodic detention, for an offender—see the Crimes (Sentence Administration) Act 2005, section 40.

[1.135]Dictionary, definition of periodic detention period

omit

amended

substitute

extended

[1.136]Further amendments, mentions of in a correctional centre

omit

in a correctional centre

substitute

at a correctional centre

in

·     section 9 (2), note 1

·     section 10 (3)

·     section 29 (1) (a), note

·     section 29 (1), example 2

·     section 31 (c), example

·     section 82 (1) (c)

Part 1.12Crimes (Sentence Administration) Act 2005

[1.137]Section 10 (2) (a)

substitute

(a)the registrar of the Magistrates Court, in relation to an order under the Magistrates Court Act 1930, section 154D (Fine defaulters—imprisonment); and

[1.138]Section 10 (2), new note 2

insert

Note 2For the application of this Act to sentenced offenders and other detainees under full-time imprisonment before the commencement of this Act, see s 327 (Application of Act to offenders and other people in custody), s 330 (Full-time imprisonment—sentenced offenders) and s 331A (Full-time imprisonment—other detainees).

[1.139]Section 15 (2), new note

insert

NoteFor the application of this Act to remandees in custody before the commencement of this Act, see s 327 (Application of Act to offenders and other people in custody) and s 331 (Full-time imprisonment—remandees).

[1.140]Section 26 (1)

omit

detention in—

substitute

detention at—

[1.141]Section 26 (2) (a)

omit

in the ACT correctional centre

substitute

at the ACT correctional centre

[1.142]Section 46

substitute

1. Periodic detention—searches

   (1)The chief executive may direct an offender, orally or in writing, to submit to a search when reporting to perform periodic detention.

   (2)The provisions of the Corrections Management Act 2006 relating to searches apply, with any necessary changes, in relation to a direction under this section and any search conducted under the direction.

[1.143]Section 84 (1), definition of community service condition

omit

section 86

substitute

section 85

[1.144]Section 96 (2)

substitute

(2)The provisions of the Corrections Management Act 2006 relating to searches apply, with any necessary changes, in relation to a direction under this section and any frisk search conducted under the direction.

[1.145]Section 117, definition of victim

omit

[1.146]New section 118A

in part 7.1, insert

118AParole—meaning of registered victim and victim

In this chapter:

registered victim, of an offender, means a person who is a registered victim of an offence by the offender only if this chapter applies to the sentence of imprisonment for the offence.

victim, of an offender, means a person who is a victim of an offence by the offender only if this chapter applies to the sentence of imprisonment for the offence.

[1.147]New section 138A

insert

138AParole—alcohol and drug tests

(1)The chief executive may direct an offender, orally or in writing, to give a test sample.

(2)The provisions of the Corrections Management Act 2006 relating to alcohol and drug tests apply, with any necessary changes, in relation to a direction under this section and any sample given under the direction.

[1.148]Section 153 (3) (a)

omit

release under the parole order

substitute

release on parole

[1.149]Section 168 (4)

omit

parole release date for the sentence

substitute

offender’s parole release date

[1.150]New section 302A

insert

302ARelease on licence—alcohol and drug tests

(1)The chief executive may direct an offender, orally or in writing, to give a test sample.

(2)The provisions of the Corrections Management Act 2006 relating to alcohol and drug tests apply, with any necessary changes, in relation to a direction under this section and any sample given under the direction.

[1.151]New section 314A

in part 13.2, insert

314APrerogative of mercy

The prerogative of mercy is not affected by—

·     this Act

·     the Corrections Management Act 2006

·     the Crimes (Sentencing) Act 2005.

[1.152]New section 321A

insert

321AEvidentiary certificates

(1)A certificate that appears to be signed by or for the chief executive, and states any matter relevant to anything done or not done under this Act in relation to person, is evidence of the matter.

(2)Without limiting subsection (1), a certificate under subsection (1) may state any of the following:

(a)that a stated person was, or was not subject to full-time detention or periodic detention on a stated day;

(b)that a stated person was or was not in the chief executive’s custody on a stated day;

(c)that a stated offender subject to full-time detention did not comply with a stated obligation of the detention;

(d)that a stated offender subject to periodic detention did not comply with a stated obligation of the detention;

(e)that a stated offender’s release from imprisonment on a stated day was authorised by a parole order;

(f)that a stated offender released from imprisonment on parole did not comply with a stated condition of the parole;

(g)that a stated offender’s release from imprisonment on a stated day was authorised by a licence;

(h)that a stated offender released from imprisonment on licence did not comply with a stated condition of the release;

(i)that the chief executive gave a stated direction to a stated person on a stated day;

(j)that a stated person did not comply with a stated direction by the chief executive on a stated day;

(k)that a stated decision was made by the board on a stated date;

(l)that a stated person did, or did not, occupy a position under this Act on a stated day;

(m)that a stated instrument under this Act was, or was not, in force on a stated day;

(n)that a stated instrument is a copy of an instrument made, given, issued or received under this Act.

(3)A certificate that appears to be signed by or for the chief executive, and states any matter prescribed by regulation for this section, is evidence of the stated matter.

(4)A certificate mentioned in subsection (1) or (2) may state a matter by reference to a date or period.

(5)A certificate of the results of the analysis of a substance under this Act, signed by an analyst, is evidence of the facts stated in the certificate.

(6)A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.

(7)However, the following certificates must not be admitted in evidence by a court unless the court is satisfied that reasonable efforts have been made to serve a copy of the certificate on the person concerned:

(a)a certificate about a matter mentioned in subsection (2) (c), (d) or (f) or (h) to (j);

(b)a certificate mentioned in subsection (5).

(8)The chief executive may appoint analysts for this Act.

Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

(9)An appointment under subsection (8) is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

(10)In this section:

analyst means a person who is appointed as an analyst under subsection (8).

[1.153]Chapter 16 heading

substitute

Chapter 16Transitional—general

[1.154]Section 328, definition of consequential amendments Act

omit

Crimes (Sentencing Legislation) Consequential Amendments Act 2005

substitute

Sentencing Legislation Amendment Act 2006

[1.155]Section 330 (2) and (3)

substitute

(2)If the offender’s sentence was imposed before the commencement day—

(a)this Act applies in relation to the sentence on and after the commencement day; and

(b)the court order for the sentence is taken to be a committal order under part 3.1 (Imprisonment) in relation to the sentence on and after the commencement day.

(3)If the offender’s sentence is imposed on or after the commencement day—

(a)this Act applies in relation to the sentence from the time when the sentence is imposed; and

(b)the court order for the sentence is taken to be a committal order under part 3.1 in relation to the sentence from the time when the sentence is imposed.

(4)For each offender to whom this section applies, the chief executive is taken to have given a direction under section 26 (Full-time detention in ACT or NSW) on the commencement day that the offender be kept in full-time detention in the place where the offender was in full-time imprisonment immediately before the commencement day.

[1.156]Section 331 (2) and (3)

substitute

(2)If the order for the offender’s remand was made before the commencement day—

(a)this Act applies in relation to the remand on and after the commencement day; and

(b)the court order for the remand is taken to be a remand order under part 3.2 (Remand) in relation to the remand on and after the commencement day.

(3)If the order for the offender’s remand is made on or after the commencement day—

(a)this Act applies in relation to the remand from the time when the order is made; and

(b)the court order for the remand is taken to be an order for remand under part 3.2 in relation to the remand from the time when the order is made.

(4)For each offender to whom this section applies, the chief executive is taken to have given a direction under section 26 (Full-time detention in ACT or NSW) on the day the order is made that the offender be kept in full-time detention in the place where the offender was in full-time imprisonment immediately before that day.

[1.157]New sections 331A and 331B

insert

331AFull-time imprisonment—other detainees

(1)This section applies if a person (other than a sentenced offender or remandee) is required, immediately before the commencement day, to be held in custody or detention under a territory law or a law of the Commonwealth, a State or another Territory.

(2)The warrant or other authority (however described) for the custody or detention is taken to be a committal order under part 3.1 (Imprisonment) in relation to the custody or detention on and after the commencement day.

(3)For each person to whom this section applies, the chief executive is taken to have given a direction under section 26 (Full-time detention in ACT or NSW) on the commencement day that the offender be kept in full-time detention in the place where the offender was held in custody or detention immediately before the commencement day.

331BApplication of Act to transitional warrants under Removal of Prisoners Act (repealed)

(1)A warrant in force immediately before the commencement day under the Removal of Prisoners Act 1968 (repealed), section 5 (Removal to, or detention in, State) in relation to a detainee is taken, on and after the commencement day, to be a direction under this Act, section 26 (Full-time detention in ACT or NSW) for the detention of the detainee at a NSW correctional centre.

(2)To remove any doubt, this Act, part 4.3 (Full-time detention in NSW) applies in relation to a detainee to whom this section applies.

(3)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

[1.158]Part 16.6 heading

substitute

Part 16.6Transitional—other provisions

[1.159]New sections 348A and 348B

insert

348ASentence administration board—transitional members etc

(1)This section applies to a person who held any of the following positions on the Sentence Administration Board (the old board) under the Rehabilitation of Offenders (Interim) Act 2001 (repealed) immediately before the commencement day:

(a)chairperson;

(b)deputy chairperson;

(c)member.

(2)The chairperson of the old board is taken to be the chairperson of the board under this Act.

(3)A deputy chairperson of the old board is taken to be a deputy chairperson of the board under this Act.

(4)A member of the old board is taken to be a member of the board under this Act.

(5)A person who holds a position on the board under this Act because of this section holds that position, subject to this Act, for the remainder of the term for which the person was appointed to the corresponding position on the old board.

348BOfficial visitors—transitional

(1)This section applies to a person who held a position of official visitor under the Remand Centres Act 1976 (repealed) immediately before the commencement day.

(2)The person is taken to be an official visitor in relation to a correctional centre under this Act.

(3)A person who holds a position of official visitor in relation to a correctional centre under this Act because of this section holds that position, subject to this Act, for the remainder of the term for which the person was appointed as an official visitor under the Remand Centres Act 1976 (repealed).

[1.160]Section 349 heading

substitute

1. Transitional regulations—ch 16

[1.161]Section 349 (1)

substitute

(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act, the Crimes (Sentencing) Act 2005 or the Sentencing Legislation Amendment Act 2006.

[1.162]Section 350

substitute

1. Construction of outdated references

   (1)In any Act, instrument made under an Act or document, a reference to an earlier law is, in relation to anything to which this Act applies, a reference to this Act.

   (2)In any Act, instrument made under an Act or document, a reference to a provision of an earlier law is, in relation to anything to which this Act applies, a reference to the corresponding provision of this Act.

   (3)In any Act, instrument made under an Act or document, a reference to anything that is no longer applicable because of the repeal or amendment of an earlier law by the Sentencing Legislation Amendment Act 2006, and for which there is a corresponding thing under this Act, is taken to be a reference to the thing under this Act, if the context allows and if otherwise appropriate.

   (4)In this section:

   earlier law means any of the following:

   (a)Community Based Sentences (Transfer) Act 2003 (repealed);

   (b)Crimes Act 1900;

   (c)Custodial Escorts Act 1998 (repealed);

   (d)Magistrates Court Act 1930;

   (e)Parole Orders (Transfer) Act 1983 (repealed);

   (f)Periodic Detention Act 1995 (repealed);

   (g)Prisoners (International Transfer) Act 1999 (repealed);

   (h)Prisoners Interstate Leave Act 1997 (repealed);

   (i)Prisoners (Interstate Transfer) Act 1993 (repealed);

   (j)Rehabilitation of Offenders (Interim) Act 2001 (repealed);

   (k)Remand Centres Act 1976 (repealed);

   (l)Removal of Prisoners Act 1968 (repealed);

   (m)Supervision of Offenders (Community Service Orders) Act 1985 (repealed).

2. Application of Legislation Act, s 88—ch 16

   A provision of this chapter (other than section 348 or section 352) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

3. Expiry of ch 16

   (1)This chapter expires 5 years after the day it commences.

   (2)When this chapter expires, the following provisions also expire:

   (a)section 10, note 2;

   (b)section 15, note.

[1.163]New chapter 17

insert

Chapter 17Transitional—interim custody arrangements

1. Purpose—ch 17

   The purpose of this chapter is to make interim transitional provision, until the commencement of the Corrections Management Act 2006, in relation to the custody of people under sentences of imprisonment or under remand, or in other lawful custody, under a law in force in the ACT.

2. Relationship with ch 16

   This chapter is additional to, and does not limit, chapter 16 (Transitional—general).

3. No application to home detention

   To remove any doubt, this chapter does not apply in relation to an order to which section 332 (Home detention orders—Rehabilitation of Offenders (Interim) Act) applies.

4. Definitions—ch 17

   (1)In this chapter:

   Corrections Management Act 2006 means an Act about correctional services passed by the Legislative Assembly after 2 June 2006 that provides that this definition applies to it.

   NoteThe new sentencing law commences on 2 June 2006.

   custody, in relation to a person, means the custody of the person under a sentence of imprisonment or under remand, or in other lawful custody, under a law in force in the ACT.

   interim custody period means the period commencing on 2 June 2006 and ending immediately before the Corrections Management Act 2006 commences.

   new sentencing law means the following Acts:

   (a)the Crimes (Sentencing) Act 2005;

   (b)the Crimes (Sentence Administration) Act 2005.

   old custody law means the territory law in force immediately before 2 June 2006 applying in relation to the custody of a person, and includes, in particular, the following:

   (a)the provisions of the Periodic Detention Act 1995 (repealed), as applied by section 606 (Application of old custody law—periodic detention);

   (b)the provisions of the Prisoners Interstate Leave Act 1997 (repealed);

   (c)the provisions of the Remand Centres Act 1976 (repealed), as applied by section 607 (Application of old custody law—remand).

   (2)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

5. Application of new sentencing law—interim custody period

   (1)Subject to section 605, the old custody law applies to the new sentencing law in relation to the custody of a person in the interim custody period.

   (2)For subsection (1), the old custody law and the new sentencing law apply with—

   (a)any necessary changes so that the person in custody is dealt with as nearly as practicable in the way the person would have been dealt with before 2 June 2006; and

   (b)any changes prescribed by regulation.

   (3)For subsection (1) and (2), a reference in the new sentencing law to something relating to the custody of a person is taken to be a reference to the corresponding thing under the old custody law.

   Examples of corresponding references

reference under new sentencing law	case	reference under old custody law
serving a sentence of imprisonment by full-time detention at a correctional centre under the Corrections Management Act 2006	Crimes (Sentence Administration) Act 2006: ·     section 24 (Full-time detention obligations) ·     section 26 (Full-time detention in ACT or NSW)	undergoing imprisonment in NSW under the Removal of Prisoners Act 1968 (repealed) (see that Act, s 4 (Imprisonment may be served in State)
correctional centre	in relation to periodic detention	detention centre under the Periodic Detention Act 1995 (repealed)
correctional centre	in relation to remand	remand centre under the Remand Centres Act 1976 (repealed)
chief executive	in relation to periodic detention	director of corrective services under the Periodic Detention Act 1995 (repealed)
chief executive	in relation to remand	administrator under the Remand Centres Act 1976 (repealed)
escort officer	in relation to removing a full-time detainee to a NSW correctional centre	constable under the Removal of Prisoners Act 1968 (repealed)
corrections officer	in relation to periodic detention	custodial officer under the Periodic Detention Act 1995 (repealed)
corrections officer	in relation to remand	custodial officer under the Remand Centres Act 1976 (repealed)

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

1. Old custody law continues

   (1)For section 604, the provisions of the old custody law apply in relation to the custody of a person in the interim custody period despite the repeal of the following Acts and regulations (and any instruments under them) by the Sentencing Legislation Amendment Act 2006, section 6 (Legislation repealed):

   ·     Community Based Sentences (Transfer) Act 2003 A2003-5

   ·     Community Based Sentences (Transfer) Regulation 2004 SL2004‑51

   ·     Custodial Escorts Act 1998 A1998-66

   ·     Custodial Escorts Regulation 2002 SL2002-11

   ·     Parole Orders (Transfer) Act 1983 A1983-10

   ·     Periodic Detention Act 1995 A1995-3

   ·     Periodic Detention Regulation 1995 SL1995-34

   ·     Prisoners (International Transfer) Act 1999 A1999-9

   ·     Prisoners Interstate Leave Act 1997 A1997-99

   ·     Prisoners (Interstate Transfer) Act 1993 A1993-70

   ·     Rehabilitation of Offenders (Interim) Act 2001 A2001-82

   ·     Rehabilitation of Offenders (Interim) Regulation 2001 SL2001‑39

   ·     Remand Centres Act 1976 A1976-48

   ·     Remand Centres Regulation 1976 SL1976-17

   ·     Removal of Prisoners Act 1968 A1968-82

   ·     Supervision of Offenders (Community Service Orders) Act 1985 A1985-10.

   (2)However, a provision of the old custody law has no effect to the extent that it is inconsistent with the new sentencing law.

   (3)For subsection (2), a provision is taken to be consistent with the new sentencing law to the extent that it can operate concurrently with that law.

   (4)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

2. Application of old custody law—periodic detention

   (1)For section 605, the provisions of the Periodic Detention Act 1995 (repealed) continue to apply in relation to the custody of a person in the interim custody period, and, in particular, for the application of the relevant provisions in relation to the custody of the person in that period.

   (2)For subsection (1), the relevant provisions are as follows:

   (a)section 8 (Identification of detainees);

   (b)section 21 (Complaints by detainees);

   (c)section 23 (Manager may require alcohol or drug testing);

   (d)section 27 (Directions);

   (e)part 3 (Corrective services administration).

   (3)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

3. Application of old custody law—remand

   (1)For section 605 (Old custody law continues), the provisions of the Remand Centres Act 1976 (repealed) continue to apply in relation to the custody of a person in the interim custody period.

   (2)However, the following provisions of the Remand Centres Act 1976 (repealed) do not apply in relation to the custody of a person in the interim custody period:

   (a)section 15 (Persons who may be detained);

   (b)section 16 (Transportation of detainees).

   (3)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

4. Additional powers of courts etc

   (1)This section applies to a court, judge or magistrate, or the registrar or a deputy registrar of a court, (a judicial entity) in relation to the exercise of a function under the new sentencing law or the old custody law in relation to the custody of a person in the interim custody period.

   (2)A judicial entity may make any order or give any direction it considers necessary or desirable to facilitate the application of the new sentencing law or the old custody law in relation to the custody of the person in the interim custody period.

   (3)This section is additional to, and does not limit, any other power of the judicial entity.

   (4)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

5. Additional powers of sentence administration board

   (1)This section applies to the board in relation to the exercise of a function under the new sentencing law or the old custody law in relation to the custody of a person in the interim custody period.

   (2)The board may give any direction it considers necessary or desirable to facilitate the application of the new sentencing law or the old custody law in relation to the custody of a person in the interim custody period.

   (3)This section is additional to, and does not limit, any other power of the board.

   (4)A direction under this section is subject to any order or direction under section 608.

   (5)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

1. Remand of witness or defendant after decision

   (1)If the court commits a witness or a person sought to be made a witness, it must order that the witness or person be remanded in custody.

   (2)If the court commits a defendant, it must order that the defendant be remanded in custody.

[1.229]Section 79 (1) (d)

substitute

(d)if a party is at a correctional centre—the person in charge of the centre.

[1.230]Section 82

omit

[1.231]Section 84

substitute

1. Particular cases may be adjourned

   (1)Before or during the hearing or further hearing of an information, the magistrate may adjourn the hearing or further hearing.

   (2)The magistrate may, by order, release the defendant (whether or not on bail) or remand the defendant in custody.

   Note 1If the court remands the defendant in custody it must issue a warrant for the defendant’s remand in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 17).

   Note 2The Crimes (Sentence Administration) Act 2005, part 3.2 provides for the chief executive to have custody of the defendant during the remand.

[1.232]Section 94 (b)

substitute

(b)in any other case—commit the defendant for trial for the offence.

Note 1For the meaning of commit a person for trial, see the Legislation Act, dict, pt 1.

Note 2The court must issue a warrant for the remand of the defendant in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 17).

[1.233]Section 105

substitute

1. Court may remand noncompliant witness

   (1)If a witness fails to enter into a recognisance, the court may order the remand of the witness in custody until after the defendant’s trial, unless the witness enters into the recognisance before a magistrate.

   NoteThe Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the chief executive to have custody of the defendant during the remand.

   (2)If the witness is remanded under this section, a magistrate may order the chief executive to release the witness from custody in accordance with the order if—

   (a)the defendant is not committed for trial for the offence with which the defendant is charged; or

   (b)the relevant officer declines to file an information against the defendant for the offence; or

   (c)the witness enters into the recognisance before a magistrate.

[1.234]Section 111 (3)

omit

safe custody,

substitute

custody

[1.235]Section 141 (1), new note

insert

Note If the defendant is sentenced to imprisonment, the court must issue a warrant for the imprisonment of the defendant in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 12).

[1.236]Section 141 (4)

substitute

(4)The minute must not form part of—

(a)a warrant under the Crimes (Sentence Administration) Act 2005, section 12 (Warrant for imprisonment); or

(b)a writ of execution.

[1.237]Section 144 (1)

substitute

(1)On application, the registrar must give an applicant a copy of—

(a)an information; or

(b)a minute or memorandum of a conviction or order; or

(c)a formal conviction or order; or

(d)a committal order.

[1.238]Section 145

omit

[1.239]Section 146

omit

In

substitute

(1)In

[1.240]Section 146, definition of fine, paragraph (a)

substitute

(a)a fine payable under a fine order under the Crimes (Sentencing) Act 2005; or

[1.241]Section 146, definition of fine, paragraph (e)

substitute

(e)an amount payable to the Territory under a reparation order under the Crimes (Sentencing) Act 2005; or

NoteA reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).

(f)a financial penalty imposed, otherwise than under the Crimes (Sentencing) Act 2005, in relation to an offence.

[1.242]Section 152 (5)

substitute

(5)A person committed under section 154D (Fine defaulters—imprisonment) is not entitled to make an application.

[1.243]Section 153 (3) (b) and (c)

substitute

(b)the outstanding fine has been remitted by the Executive; or

Note 1For the remission of a fine by the Executive, see the Crimes (Sentence Administration) Act 2005, s 313 (Remission of penalties).

Note 2A fine also may have been remitted under this Act, s 159 (repealed) or the Crimes Act 1900, s 434 (repealed).

(c)the person has completed serving a period of imprisonment because of an order under section 154D (Fine defaulters—imprisonment); or

[1.244]Sections 154D to 158

substitute

154DFine defaulters—imprisonment

(1)The registrar must order the imprisonment of a fine defaulter—

(a)if satisfied that all reasonable action has been taken under this division to secure payment and there is no reasonable likelihood of the outstanding fine being paid; and

(b)the outstanding fine has not been remitted by the Executive.

Note 1The registrar must issue a warrant for the imprisonment of the person in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 12).

Note 2For the remission of a fine by the Executive, see the Crimes (Sentence Administration) Act 2005, s 313 (Remission of penalties).

Note 3A fine also may have been remitted under this Act, s 159 (repealed) or the Crimes Act 1900, s 434 (repealed).

(2)The order, or any warrant under the Crimes (Sentence Administration) Act 2005, section 12 (Warrant for imprisonment), must not be given effect if the amount of the outstanding fine is paid to the Territory, or to someone acting for the Territory, before the person is imprisoned.

(3)The period for which the fine defaulter must be committed is the lesser of—

(a)a period worked out at the rate of 1 day for each $100, or part of $100, of the outstanding fine; or

(b)6 months.

(4)This section does not apply to a person if the person’s liability to pay the fine is derived from a reparation order under the Crimes (Sentencing) Act 2005.

NoteA reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).

1. Outstanding fine discharged by payment

   (1)This section applies if—

   (a)a person is imprisoned under section 154D; and

   (b)an amount is paid to the Territory (through the registrar or the chief executive) to discharge an amount of the outstanding fine.

   (2)If the amount paid completely discharges the outstanding fine, the chief executive must release the person from imprisonment immediately, unless the person must otherwise be lawfully detained.

2. Outstanding fine satisfied by imprisonment

   A person imprisoned under section 154D (Fine defaulters—imprisonment) discharges the person’s liability to pay the outstanding fine—

   (a)at the rate of $100 for each day or part of a day for which the person is detained under the warrant; or

   (b)if the person is committed for 6 months—at the end of the 6‑month period.

[1.245]Section 159

omit

[1.246]Sections 185 to 188

omit

[1.247]Section 191

omit

registrar, keeper of a gaol and superintendent of a remand centre

substitute

registrar and person in charge of a correctional centre

[1.248]Section 194

substitute

1. Writ of execution not void for form only

   A writ of execution is not void only because of a defect or error in it if there is a conviction or order that is valid, or that may be amended and made valid, under this Act to support it.

[1.249]Section 208 (1) (e) and (f)

substitute

(e)an appeal from an order of the court under any of the following provisions of the Crimes (Sentencing) Act 2005:

(i)part 3.2 (Sentences of imprisonment);

(ii)part 3.3 (Non-custodial sentences);

(iii)part 3.4 (Non-association and place restriction orders);

(iv)part 3.5 (Deferred sentence orders);

(v)part 3.6 (Combination sentences);

NoteOrders under the Crimes Act 1900, pt 18 (Conditional release of offenders) are taken to be orders under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, ch 16).

(f)an appeal from an order of the court under the Crimes (Sentence Administration) Act 2005, part 6.6 (Good behaviour orders—amendment and discharge).

[1.250]Section 216 (2)

omit

may, by warrant, commit the person to a remand centre

substitute

may order the person be remanded in custody

[1.251]Section 216 (2), new note

insert

NoteThe court must issue a warrant for the remand of the defendant in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 17).

[1.252]Section 219B (2)

substitute

(2)In subsection (1) (f):

sentence or penalty includes a sentence or penalty imposed by an order of the Magistrates Court under—

(a) any of the following provisions of the Crimes (Sentencing) Act 2005:

(i)part 3.2 (Sentences of imprisonment);

(ii)part 3.3 (Non-custodial sentences);

(iii)part 3.4 (Non-association and place restriction orders);

(iv)part 3.5 (Deferred sentence orders);

(v)part 3.6 (Combination sentences); or

NoteOrders under the Crimes Act 1900, pt 18 (Conditional release of offenders) are taken to be orders under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, ch 16).

(b)the Crimes (Sentence Administration) Act 2005, part 6.6 (Good behaviour orders—amendment and discharge).

[1.253]Section 222 (1)

omit

warrant of commitment

substitute

committal order

[1.254]Section 222 (1)

omit

the warrant

substitute

the committal order

[1.255]Section 222 (2)

omit

commitment

substitute

committal

[1.256]Section 223 (2)

substitute

(2)The Supreme Court must allow the committal order, and may allow the conviction or judgment, to be immediately amended as necessary in accordance with the facts.

[1.257]Section 226 (1)

omit

committed to gaol

substitute

imprisoned or detained

[1.258]Sections 250 to 253

omit

or the Bail Act 1992

[1.259]Section 254 (4)

omit

or under the Bail Act 1992, section 36 (1)

[1.260]Section 312 (2) (b)

substitute

(b)order that the person be remanded in custody until the earlier of the following:

(i)the date to which the proceeding is adjourned;

(ii)the person agrees to comply with the relevant Code provisions.

NoteThe court must issue a warrant for the remand of the person in the chief executive’s custody (see Crimes (Sentence Administration) Act 2005, s 17).

[1.261]Section 312 (3) (a)

omit

committed the person

substitute

ordered the person’s remand

[1.262]Section 312 (4)

omit

committed

substitute

remanded

[1.263]Section 313

omit

[1.264]Dictionary, note 2, new dot point

insert

·     corrections officer

[1.265]Dictionary, note 2

omit

·     custodial escort

·     remand centre

·     remand centre administrator

[1.266]Dictionary, definition of administrator

omit

[1.267]Dictionary, new definition of committal order

insert

committal order—see the Crimes (Sentence Administration) Act 2005, section 10.

[1.268]Dictionary, definitions of escort and superintendent

omit

Part 1.28Mental Health (Treatment and Care) Act 1994

[1.269]Section 38A

omit

A police officer, or an escort under the Custodial Escorts Act 1998,

substitute

A police officer or corrections officer

[1.270]Dictionary, note 2, new dot points

insert

·     correctional centre

·     corrections officer

[1.271]Dictionary, definition of community care facility

omit

a facility the principal purpose of which is for the detention of persons sentenced to imprisonment

substitute

a correctional centre

Part 1.29Prohibited Weapons Act 1996

[1.272]Section 4

omit

A person

substitute

(1)A person

[1.273]Section 4

omit

while acting in the ordinary course of the person’s duties

substitute

in the exercise of the person’s functions

[1.274]Section 4 (e) and (f)

omit

a member of

[1.275]New section 4 (2)

insert

(2)A corrections officer does not commit an offence against this Act only because of something done by the officer in the exercise of the officer’s functions.

NoteCorrections officer, exercise and function are defined in the Legislation Act, dict, pt 1.

Part 1.30Road Transport (Alcohol and Drugs) Act 1977

[1.276]Section 29

substitute

1. Conditional release of convicted person

   If a person is convicted of an offence against this Act, the court, on an application by the convicted person, may, instead of ordering the convicted person to pay a fine or sentencing the person to imprisonment, make a rehabilitation program order within the meaning of the Crimes (Sentencing) Act 2005, section 13 (7) (Good behaviour orders).

(commencement:  2 June 2007)

[1.277]New section 41A (1) (i) and (j)

substitute

(i)that a non-conviction order was made under the Crimes (Sentencing) Act 2005, section 17 (2) (a) (Non-conviction orders—general); or

(j)that an offence was taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account);

[1.278]Section 45

omit

Despite the Crimes Act 1900, section 352 (2) a

substitute

A

Part 1.31Royal Commissions Act 1991

[1.279]Section 35 (3) (b)

omit

force

substitute

service or force

[1.280]Section 35 (6)

omit

Part 1.32Security Industry Regulation 2003

[1.281]Section 6 (3), definition of custodial officer

substitute

custodial officer means—

(a)a corrections officer under the Corrections Management Act 2006, section 20; or

(b)an escort under the Children and Young People Act 1999, part 6.3 (Interstate transfer); or

(c)an officer (other than a police officer) mentioned in the Children and Young People Act 1999, section 120 (6) (Transfer directions), section 122 (4) (Temporary custody prior to transfer between institutions) or section 125 (3) (Placing in shelter or remand centre); or

(d)a prison officer under the Crimes (Sentence Administration) Act 2005, section 217 (Definitions—pt 11.1) or a person appointed as an escort under the Crimes (Sentence Administration) Act 2005, section 240 (3) (Interstate transfer—transfer in custody of escort), definition of escort, paragraph (c); or

(e)a prison officer or another officer (other than a police officer) mentioned in the Crimes (Sentence Administration) Act 2005, section 257 (International transfer—functions of prison officers, police officers etc).

Part 1.33Spent Convictions Act 2000

[1.282]Section 6 (b)

substitute

(b)the person is charged with the offence and a court finds the person guilty of the offence.

[1.283]Section 6, examples 1 to 4

substitute

1the court makes an order under the Crimes (Sentencing) Act 2005, s 17 (Non‑conviction orders—general)

2the court makes an order under the Children and Young People Act 1999, s 98 (Disposition without proceeding to conviction)

[1.284]Section 7 (2)

substitute

(2)In this Act, a reference to a conviction that is spent includes a reference to the charge to which the spent conviction related.

[1.285]Section 11 (2) (a)

substitute

(a)a conviction for which a sentence of imprisonment of longer than 6 months has been imposed;

[1.286]Section 11 (3)

substitute

(3)In this section:

sentence of imprisonment—

(a)includes a period of a sentence of imprisonment to be served by periodic detention under the Crimes (Sentence Administration) Act 2005; but

(b)does not include the detention of a person under a control order.

[1.287]Section 12 (1)

omit

subsections (2) to (8)

substitute

this section

[1.288]Section 12 (2), (3) and (4)

substitute

(2)If a charge for an offence is dismissed under either of the following provisions, the finding of guilt for the offence (however described) is spent on the dismissal of the charge:

(a)the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general);

(b)the Children and Young People Act 1999, section 98 (Disposition without proceeding to conviction).

NoteAn order under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) is taken to be a non-conviction order that is a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 336).

(3)If an order under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general) is a good behaviour order subject to a condition, the order is spent only when the condition is completely satisfied.

[1.289]Section 12

renumber subsections when Act next republished under Legislation Act

Part 1.34Supreme Court Act 1933

[1.290]Section 37Q, heading

substitute

37QBail time on appeal does not count towards sentence

[1.291]Section 70A (2) (a) to (c)

substitute

(a)order the person to pay a fine not exceeding $5 000; or

(b)order that the person be imprisoned for not longer than 6 months; or

(c)make orders under both paragraph (a) and (b).

Part 1.35Supreme Court Rules 1937

[1.292]Order 68, rule 10

substitute

1. Detention of arrested person

   If a person is arrested by the sheriff on any civil process of the court, the person is to be taken to a correctional centre and detained until released by the court.

[1.293]Order 80, rule 1, definition of sentence, examples 1 and 2

substitute

1     a reparation order under the Crimes (Sentencing) Act 2005, s 19 or s 20

2     a good behaviour order under the Crimes (Sentencing) Act 2005, s 13

[1.294]Order 80, rule 32

omit

recognisance

substitute

undertaking

[1.295]Order 86, rules 9 and 48, definition of sentence, examples 1 and 2

substitute

1     a reparation order under the Crimes (Sentencing) Act 2005, s 19 or s 20

2     a good behaviour order under the Crimes (Sentencing) Act 2005, s 13

[1.296]Order 86, rule 63 (4), definition of fine, example 5

substitute

5     an amount payable for reparation under the Crimes (Sentencing) Act 2005, s 19

Part 1.36Taxation Administration Act 1999

[1.297]New section 5A

in part 1, insert

5AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to an offence against s 71 (6) (Orders to comply with requirements). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences) and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness, and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.298]Section 70 (1) (d) and (e)

after

convicted

insert

or found guilty

[1.299]Section 70 (4)

substitute

(4)For subsection (1) (d) and (e), a reference to a person being found guilty includes a reference to an order being made in relation to the person under the Crimes Act 1914 (Cwlth), section 19B (1).

[1.300]Section 71

substitute

1. Orders to comply with requirements

   (1)This section applies if a person is convicted or found guilty of an offence against a tax law for a failure of the person to comply with a requirement (the relevant requirement)—

   (a)to provide to or lodge with the commissioner any information or document; or

   (b)to attend before the commissioner or anyone else; or

   (c)to have an instrument properly stamped.

   (2)The court may, by order, require the person, within a stated time or at a stated place and time, to do either or both of the following:

   (a)to comply with the relevant requirement;

   (b)to comply with any other requirements that have or could have been made in relation to the person under a tax law that the court considers necessary to ensure that the relevant requirement is complied with.

   (3)The order may be made whether or not the time to comply with the relevant requirement or any other requirement has ended.

   (4)If the order is not given orally to the person, the court’s proper officer must serve a copy of the order on the person.

   (5)The making of an order under this section does not limit the court’s power to impose a sentence on the person for the offence or make any other order in relation to the offence.

   (6)The person must comply with an order under this section to the extent that the person is capable of doing so.

   Maximum penalty (subsection (6)):  100 penalty units, imprisonment for 1 year or both.

Part 1.37Victims of Crime (Financial Assistance) Act 1983

[1.301]Section 35 (2) (c)

substitute

(c)an amount of reparation in relation to the injury or damage payable in the applicant’s favour under a reparation order under the Crimes (Sentencing) Act 2005;

NoteA reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).

[1.302]Section 40 (2) (c)

substitute

(c)an amount of reparation in relation to the injury or damage payable under an order under a reparation order under the Crimes (Sentencing) Act 2005;

NoteA reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).

[1.303]Section 52, definition of related crime, paragraph (b)

substitute

(b)any other offence if an offence mentioned in paragraph (a) was taken into account by a court when sentence was passed on the offender for that other offence.

[1.304]New section 54 (2)

insert

(2)However, the registrar must not make the provisional order only because the person’s property is subject to a restraining order or forfeiture order under the Confiscation of Criminal Assets Act 2003.

[1.305]Section 54 (2) to (4)

renumber as section 54 (3) to (5)

[1.306]New section 61A

insert

61ARecovery under restitution orders—Confiscation of Criminal Assets Act

(1)This section applies in relation to the recovery from a defendant (including under an arrangement under section 58) of an amount under a provisional order for restitution or a provisional order for restitution that is confirmed.

(2)To remove any doubt, the amount cannot be recovered from property that has been restrained or forfeited under the Confiscation of Criminal Assets Act 2003.

Note 1Restrained property may be dealt with only in accordance with the Confiscation Act (see that Act, s 19, def restraining order and s 33 (1)).  For the exclusion of restrained property from forfeiture, see the Confiscation Act, pt 6.

Note 2For applications by a person who had an interest in forfeited property for the property’s return or for compensation, see the Confiscation Act, div 9.5.

(3)In this section:

restrained—see the Crimes (Sentencing) Act 2005, section 112 (3).

[1.307]Section 66 (2) (a) (i)

substitute

(i)the Crimes (Sentencing) Act 2005; or

NoteA reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).

[1.308]Section 67

substitute

1. Extended meaning of conviction—pt 5

   (1)For this part, a person is taken to have been convicted of an offence if—

   (a)the person is found guilty of the offence; or

   (b)the offence was taken into account by a court when sentencing the person for another offence.

   NoteFound guilty is defined in the Legislation Act, dict, pt 1.

   (2)For this section, a person is taken to have been found guilty of an offence if an order is made in relation to the offence under the Crimes Act 1914 (Cwlth), section 19B (1).

[1.309]Section 69 (2) (b)

substitute

(b)any other offence that the court has taken into account in passing sentence for the first mentioned offence.

Part 1.38Victims of Crime (Financial Assistance) Regulation 1998

[1.310]Regulation 4 (1) (a) and (2)

omit

director of corrective services

substitute

chief executive

Part 1.39Workers Compensation Act 1951

[1.311]Section 205 (1)

omit

For the Crimes Act 1900, section 342, in

substitute

In

Schedule 2Crimes Act 1900—other amendments

(see s 3)

[2.1]Section 116 (1)

omit

is guilty of an offence punishable, on conviction, by imprisonment for 20 years.

substitute

commits an offence.

Maximum penalty:  imprisonment for 20 years.

[2.2]Section 116 (2)

omit

is guilty of an offence punishable, on conviction, by imprisonment for 15 years.

substitute

commits an offence.

Maximum penalty:  300 penalty units, imprisonment for 15 years or both.

[2.3]Section 116 (3)

omit

is guilty of an offence punishable, on conviction, by imprisonment for 6 months, a fine not exceeding 50 penalty units or both.

substitute

commits an offence.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

[2.4]Section 117 (1)

omit

is guilty of an offence punishable, on conviction, by imprisonment for 25 years.

substitute

commits an offence.

Maximum penalty:  imprisonment for 25 years.

[2.5]Section 117 (2)

omit

is guilty of an offence punishable, on conviction, by imprisonment for 20 years.

substitute

commits an offence.

Maximum penalty:  imprisonment for 20 years.

[2.6]Section 119 (1)

omit

$1 000

substitute

10 penalty units

[2.7]Section 119 (2)

omit

$1 000

substitute

10 penalty units

[2.8]Section 122

omit

is guilty of an offence punishable, on conviction, by imprisonment for 5 years.

substitute

commits an offence.

Maximum penalty:  100 penalty units, imprisonment for 5 years or both.

[2.9]Section 137

omit

Maximum penalty:  imprisonment for 10 years.

substitute

Maximum penalty:  200 penalty units, imprisonment for 10 years or both.

[2.10]Section 138 (1)

omit

Maximum penalty:  imprisonment for 10 years.

substitute

Maximum penalty:  200 penalty units, imprisonment for 10 years or both.

[2.11]Section 139 (1)

omit

Maximum penalty:  imprisonment for 10 years.

substitute

Maximum penalty:  200 penalty units, imprisonment for 10 years or both.

[2.12]Section 140A

omit

Maximum penalty:  imprisonment for 10 years.

substitute

Maximum penalty:  200 penalty units, imprisonment for 10 years or both.

[2.13]Section 140B (1)

omit

Maximum penalty:  imprisonment for 10 years.

substitute

Maximum penalty:  200 penalty units, imprisonment for 10 years or both.

[2.14]Section 140C (1)

omit

Maximum penalty:  imprisonment for 10 years.

substitute

Maximum penalty:  200 penalty units, imprisonment for 10 years or both.

[2.15]Section 141

omit

is guilty of an offence punishable, on conviction, by imprisonment for 7 years.

substitute

commits an offence.

Maximum penalty:  200 penalty units, imprisonment for 7 years or both.

[2.16]Section 142

omit

is guilty of an offence punishable, on conviction, by imprisonment for 7 years.

substitute

commits an offence.

Maximum penalty:  200 penalty units, imprisonment for 7 years or both.

[2.17]Section 143

omit

is guilty of an offence punishable, on conviction, by imprisonment for 7 years.

substitute

commits an offence.

Maximum penalty:  200 penalty units, imprisonment for 7 years or both.

[2.18]Section 144

omit

is guilty of an offence punishable, on conviction, by imprisonment for 10 years.

substitute

commits an offence.

Maximum penalty:  200 penalty units, imprisonment for 10 years or both.

[2.19]Section 145

omit

is guilty of an offence punishable, on conviction, by imprisonment for 3 years.

substitute

commits an offence.

Maximum penalty:  100 penalty units, imprisonment for 3 years or both.

[2.20]Section 147

omit

is guilty of an offence punishable, on conviction, by imprisonment for 10 years.

substitute

commits an offence.

Maximum penalty:  200 penalty units, imprisonment for 10 years or both.

[2.21]Section 148

omit

is guilty of an offence punishable, on conviction, by imprisonment for 7 years.

substitute

commits an offence.

Maximum penalty:  200 penalty units, imprisonment for 7 years or both.

[2.22]Section 151

omit

is guilty of an offence punishable, on conviction, by a fine not exceeding $2 000, by imprisonment for 1 year or both.

substitute

commits an offence.

Maximum penalty:  20 penalty units, imprisonment for 1 year or both.

[2.23]Section 152

omit

is guilty of an offence punishable, on conviction, by a fine not exceeding $2 000, by imprisonment for 1 year or both.

substitute

commits an offence.

Maximum penalty:  20 penalty units, imprisonment for 1 year or both.

[2.24]Section 153 (1)

omit

Maximum penalty:  imprisonment for 2 years.

substitute

Maximum penalty:  50 penalty units, imprisonment for 2 years or both.

[2.25]Section 153 (2)

omit

Maximum penalty:  imprisonment for 2 years.

substitute

Maximum penalty:  50 penalty units, imprisonment for 2 years or both.

[2.26]Section 154 (1)

omit

Maximum penalty:  fine of $100, imprisonment for 1 month or both.

substitute

Maximum penalty:  1 penalty unit, imprisonment for 1 month or both.

[2.27]Section 154 (2)

omit

Maximum penalty:  fine of $250, imprisonment for 3 months or both.

substitute

Maximum penalty:  2.5 penalty units, imprisonment for 3 months or both.

[2.28]Section 159

omit

is guilty of an offence punishable, on conviction, by imprisonment for 5 years, a fine of $10 000 or both.

substitute

commits an offence.

Maximum penalty:  100 penalty units, imprisonment for 5 years or both.

[2.29]Section 160

omit

is guilty of an offence punishable, on conviction, by imprisonment for 5 years, a fine of $10 000 or both.

substitute

commits an offence.

Maximum penalty:  100 penalty units, imprisonment for 5 years or both.

[2.30]Section 161

omit

is guilty of an offence punishable, on conviction, by imprisonment for 14 years.

substitute

commits an offence.

Maximum penalty:  imprisonment for 14 years.

[2.31]Section 162

omit

is guilty of an offence punishable, on conviction, by imprisonment for 5 years, a fine of $10 000 or both.

substitute

commits an offence.

Maximum penalty:  100 penalty units, imprisonment for 5 years or both.

[2.32]Section 163 (1) and (2)

omit

is guilty of an offence punishable, on conviction, by imprisonment for 5 years, a fine of $10 000 or both.

substitute

commits an offence.

Maximum penalty:  100 penalty units, imprisonment for 5 years or both.

[2.33]Section 164

omit

is guilty of an offence punishable, on conviction, by imprisonment for 5 years, a fine of $10 000 or both.

substitute

commits an offence.

Maximum penalty:  100 penalty units, imprisonment for 5 years or both.

[2.34]Section 166 (1)

omit

is guilty of an offence punishable, on conviction, by imprisonment for a period not exceeding 2 years, a fine not exceeding $20 000 or both.

substitute

commits an offence.

Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

Schedule 3New Crimes (Sentencing) Regulation

(see s 4)

Crimes (Sentencing) Regulation 2006

Subordinate Law SL2006-

made under the

Crimes (Sentencing) Act 2005

1. Name of regulation

   This regulation is the Crimes (Sentencing) Regulation 2006.

2. Rehabilitation program—Act, s 93 def rehabilitation program

   For the Act, each of the following is a rehabilitation program:

   (a)programs to treat adults for sexual behaviour that is unlawful or inappropriate;

   (b)programs to treat children for sexual behaviour that is unlawful or inappropriate;

   (c)programs that impart self-management and social skills to enable offenders to deal with difficult situations in ways that do not involve the criminal behaviour;

   (d)programs for people who have committed a domestic violence offence;

   (e)drug and alcohol rehabilitation programs.

Schedule 4New Crimes (Sentence Administration) Regulation

(see s 5)

Crimes (Sentence Administration) Regulation 2006

Subordinate Law SL2006-

made under the

Crimes (Sentence Administration) Act 2005

1. Name of regulation

   This regulation is the Crimes (Sentence Administration) Regulation 2006.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘drug of dependence—see the Drugs of Dependence Act 1989, section 3 (1).’ means that the term ‘drug of dependence’ is defined in that section and the definition applies to this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Parole order—core conditions—Act, s 137 (1) (f)

   The following conditions are prescribed:

   (a)the offender must live only at premises approved by the chief executive;

   (b)the offender must report to a person at a time and place nominated by the chief executive;

   (c)the offender must not use a prohibited substance, or abuse a prescribed substance that is lawfully obtained;

   (d)the offender must authorise each doctor, therapist or counsellor of the offender to give information about the offender to the chief executive;

   (e)the offender must not leave the ACT for longer than 1 day without the prior written permission of the chief executive;

   (f)the offender must comply with all conditions to which a permission to leave the ACT is subject;

   (g)the offender must not leave Australia without the board’s prior written permission;

   (h)the offender must not have possession or control of a firearm, prohibited weapon, prohibited article or offensive weapon;

   (i)the offender must comply with any direction given to the offender by the chief executive.

   Example for par (b)

   to report to a corrections officer at a correctional centre, or to a person where the offender works

   Examples for par (i)

   directions about any of the following:

   ·associating with particular people

   ·visiting any place, including a particular suburb

   ·obtaining, being available for or keeping employment

   ·attending or taking part in an approved activity or program

   NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACT

·     chief executive

·     doctor.

Note 3Terms used in this regulation have the same meaning that they have in the Crimes (Sentence Administration) Act 2005 (see Legislation Act, s 148). For example, the following terms are defined in the Crimes (Sentence Administration) Act 2005, dict:

·     board

·     offender

·     test sample.

drug of dependence—see the Drugs of Dependence Act 1989, section 3 (1).

drugs and poisons standard—see the Poisons and Drugs Act 1978, dictionary.

firearm—see the Firearms Act 1996, section 4.

offensive weapon—see the Crimes Act 1900, dictionary.

prescribed substance means—

(a)a drug of dependence; or

(b)a substance mentioned in the drugs and poisons standard, schedule 2, schedule 3 or schedule 4.

prohibited article—see the Prohibited Weapons Act 1996, section 3 (1).

prohibited substance—see the Drugs of Dependence Act 1989, section 3 (1).

prohibited weapon—see the Prohibited Weapons Act 1996, section 3 (1).

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 2 May 2006.

2. Notification

   Notified under the Legislation Act on 18 May 2006.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Sentencing Legislation Amendment Bill 2006, which was passed by the Legislative Assembly on 11 May 2006.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2006