Sentencing Legislation Amendment and Repeal Act 1999 (WA)

Western Australia

Sentencing Legislation Amendment and

Repeal Act 1999

(No. 57 of 1999)

CONTENTS

Part 1 — Preliminary

1 .	Short title	2
2 .	Commencement	2
3 .	Act amended	2

Part 2 — Provisions about parole and other

early release orders and remission

Division 1 — Sentencing Act 1995 amended

4 .	Section 4 amended	3
5 .	Section 85 amended	3
6 .	Section 88 amended	5
7 .	Section 89 replaced	5
8 .	Section 89A inserted	7
9 .	Section 92 repealed	7
10 .	Section 93 replaced	8
11 .	Section 94 replaced	8

12 .

Section 95 replaced

Sentencing Legislation Amendment and Repeal Act 1999

Contents

Division 2 — Sentence Administration Act 1995

repealed

13 .

Act repealed

Division 3 — Transitional and consequential

provisions

14 .	Interpretation	11
15 .	Sentencing courts to take into account this Part’s
effect	12
16 .	Application of Interpretation Act 1984, s 36	13
17 .	Community orders imposed before commencement	13
18 .	Sentences of imprisonment imposed before
commencement	14
19 .	Early release orders made before commencement	15
20 .	WROs	15
21 .	HDOs	16
22 .	Warrants in force at commencement	17
23 .	CEO's instructions for community corrections
centres	17
24 .	Parole Board's report	17
25 .	Transitional regulations	17
26 .	Consequential amendments	18

Part 3 — Amendments about reparation

27 .	Section 111 amended	19
28 .	Section 112 amended	19
29 .	Section 115 amended	19
30 .	Section 117 amended	19
31 .	Section 119 amended	20
32 .	Section 119A inserted	20
33 .	Section 120A inserted	21

Part 4 — Miscellaneous amendments

34 .

Section 4 amended

Sentencing Legislation Amendment and Repeal Act 1999

Contents

35 .	Section 34 amended	23
36 .	Section 80 amended	24
37 .	Section 105 amended	24
38 .	Section 137 replaced	25
39 .	Section 143A inserted	25

Part 5 — General

40 .

Review

Schedule 1 — Consequential amendments

Bail Act 1982	28
Constitution Acts Amendment Act 1899	28
Criminal Law (Mentally Impaired Defendants) Act 1996	29
Fines, Penalties and Infringement Notices Enforcement

Act 1994

Juries Act 1957	29
Parole Orders (Transfer) Act 1984	30
Prisoners (Release for Deportation) Act 1989	30
Prisons Act 1981	30
Sentencing Act 1995	31
Spent Convictions Act 1988	32
Young Offenders Act 1994	32

Western Australia

Sentencing Legislation Amendment and

Repeal Act 1999

No. 57 of 1999

An Act —

	to amend the Sentencing Act 1995 and Young Offenders Act 1994;
	to repeal the Sentence Administration Act 1995; and

for related purposes.

[Assented to 16 December 1999]

The Parliament of Western Australia enacts as follows:

Sentencing Legislation Amendment and Repeal Act 1999

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Sentencing Legislation Amendment and Repeal Act 1999.

2. Commencement

(1)

Subject to this section, this Act comes into operation on a day

fixed by proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

(3)

If section 4 of the Bail Amendment Act 1998 has not come into

operation when the second amendment to section 3(1) of the

Bail Act 1982 in Schedule 1 comes into operation, that

amendment comes into operation immediately after section 4 of

the Bail Amendment Act 1998 comes into operation.

3. Act amended

The amendments in this Act are to the Sentencing Act 1995* unless otherwise indicated.

[* Act No. 76 of 1995.

For subsequent amendments see 1997 Index to Legislation of and 38 of 1998.]

Sentencing Legislation Amendment and Repeal Act 1999

Provisions about parole and other early release orders and

Part 2

remission

Sentencing Act 1995 amended

Division 1

s. 4

Part 2 — Provisions about parole and other early

release orders and remission

Division 1 — Sentencing Act 1995 amended

4. Section 4 amended

(1)

Section 4(1) is amended by deleting the definition of “parole

order”.

(2)

After section 4(2) the following subsection is inserted —

“

(3)	Examples in this Act are provided to assist understanding and do not form part of the Act.

”.

5. Section 85 amended

(1)

Section 85(1) is amended in the definition of “early release

order” by inserting after “Sentence Administration Act 1995”—

“ or Sentence Administration Act 1999

”.

(2)

Section 85(1) is amended by inserting after the definition of

“parole eligibility order” the following definition —

“

“parole order” means an order, made under Part 3 of

the Sentence Administration Act 1999, that a

prisoner be released on parole;

”.

(3)	Section 85(1) is amended in the definition of “prescribed term” by deleting paragraph (a).

Sentencing Legislation Amendment and Repeal Act 1999

Part 2	Provisions about parole and other early release orders and
Division 1	Sentencing Act 1995 amended

(4)	Section 85(2) is repealed and the following subsection is inserted instead —

“

(2)

For the purposes of this Part and Part 11 and of the

Sentence Administration Act 1999, the aggregate of 2

or more fixed terms is the total effective period of

imprisonment imposed on the offender having regard

to whether the fixed terms are to be served

concurrently or partly concurrently or cumulatively.

”.

(5)	Section 85(3) is repealed and the following subsection is inserted instead —

“

(3)	For the purposes of this Part and of the Sentence Administration Act 1999 to calculate the length in days of one half of a fixed term —

(a)	imposed by the court will begin and end and

determine the dates on which the term as (“T”); and

(b)	then divide T by 2 and disregard any remainder.

”.

(6)	Section 85(4) is repealed and the following subsection is inserted instead —

“

(4)	In this Part and in the Sentence Administration Act 1999, a fixed term ends when the term as imposed by the court ends, and it does not matter if the prisoner is or may be released (under an early release order or otherwise) before then.

”.

Sentencing Legislation Amendment and Repeal Act 1999

Provisions about parole and other early release orders and

Part 2

remission

Sentencing Act 1995 amended

Division 1

s. 6

6. Section 88 amended

(1)	Section 88(3)(d) is deleted and the following paragraph is inserted instead —

“

(d)	the fixed term is to be served partly concurrently with the other fixed term.

”.

(2)	Section 88(4) is repealed and the following subsection is inserted instead —

“

(4)

If under subsection (3)(d) a court orders that a term is

to be served partly concurrently with another fixed

term, the court must specify the period of the other

fixed term that is to be served before the partly

concurrent term is to begin; but that period must not

extend beyond the earliest date on which the offender

could be released (whether on parole or not) in relation

to the other fixed term.

”.

(3)	Section 88(6) is repealed.

7. Section 89 replaced

Section 89 is repealed and the following section is inserted instead —

“

89. Offender may be made eligible for parole

(1)	A court sentencing an offender to a fixed term may order that the offender be eligible for parole in respect of that term by making a parole eligibility order.

Sentencing Legislation Amendment and Repeal Act 1999

Part 2	Provisions about parole and other early release orders and
Division 1	Sentencing Act 1995 amended
s. 7

(2)	A court may decide not to make a parole eligibility order in respect of a fixed term imposed on an offender if the court considers that the offender should not be eligible for parole because of at least 2 of the following 4 factors:

(a)	the offence is serious;
(b)	the offender has a significant criminal record;
(c)

the offender, when released from custody under comply with the order;

(d)	any other reason the court considers relevant.

(3)	If a court decides that an offender is to be eligible for parole in respect of 2 or more of the fixed terms it imposes, it is to make a single parole eligibility order in respect of those terms.
(4)	The effect of a parole eligibility order made in respect of 2 or more fixed terms is subject to section 94.
(5)	A parole eligibility order must not be made in respect of a prescribed term.
(6)	In subsection (2) —
“release order” means an order made (in this State or

elsewhere in Australia) in respect of an offender

who is subject to a sentence of imprisonment that

releases the offender on conditions before the end

of the sentence, and includes a parole order, a

home detention order or a work release order made

under a written law prior to the commencement of

this section.

”.

Sentencing Legislation Amendment and Repeal Act 1999

Provisions about parole and other early release orders and

Part 2

remission

Sentencing Act 1995 amended

Division 1

s. 8

8. Section 89A inserted

After section 89 the following section is inserted —

“

89A.

Programme assessment order for short fixed term

that is not parole term

(1)

If a court sentences an offender to a fixed term, or to an

aggregate of fixed terms, of less than 24 months and

the court does not make a parole eligibility order in

respect of the term or terms, the court may make a

programme assessment order.

(2)

A programme assessment order is an order that the

CEO —

(a)	must assess the offender prior to being released in respect of the term or terms; and
(b)	must make a release programme order under Part 7 of the Sentence Administration Act 1999 in respect of the offender unless the CEO considers that such an order is not warranted for the offender.

(3)	A programme assessment order is in addition to and not part of the sentence imposed on an offender.

”.

9. Section 92 repealed

Section 92 is repealed.

Sentencing Legislation Amendment and Repeal Act 1999

Part 2	Provisions about parole and other early release orders and
Division 1	Sentencing Act 1995 amended
s. 10

10. Section 93 replaced

Section 93 is repealed and the following section is inserted instead —

“

93. Release from parole term

(1)

Subject to section 94, a prisoner serving a parole term is eligible to be released on parole when he or she has served one half of the term.

(2)

Any order for the release on parole of a prisoner to

whom subsection (1) applies must be made in

accordance with Part 3 of the Sentence Administration

Act 1999.

(3)

If a prisoner serving a parole term has not been

released on parole before he or she has served the

whole of the term, then the prisoner is discharged from

that sentence when he or she has served the whole of

the term and, subject to Division 2 of Part 2 of the

Sentence Administration Act 1999, must be released

then.

”.

11. Section 94 replaced

Section 94 is repealed and the following section is inserted instead —

“

94. Aggregation of parole terms for certain purposes

(1)	In the case of a prisoner serving 2 or more parole terms —

(a)	the time when he or she is eligible to be released on parole; and

Sentencing Legislation Amendment and Repeal Act 1999

Provisions about parole and other early release orders and

Part 2

remission

Sentencing Act 1995 amended

Division 1

s. 11

(b)	the parole period for such a prisoner,

are to be calculated by reference to the aggregate of

those terms, but only if under subsection (3) or (4)

those terms are to be aggregated.

(2)

If under this section the matters referred to in

subsection (1) are not to be calculated by reference to

the aggregate of 2 or more parole terms, the matters are

to be calculated in respect of each of the 2 or more

parole terms separately.

(3)

A parole term imposed at the same time as another

parole term is to be aggregated with that other term for

the purposes of subsection (1) unless it is to be served

partly concurrently with that other term.

(4)

A parole term imposed at a different time to another

parole term is to be aggregated with that other term for

the purposes of subsection (1) unless —

(a)	it is to be served concurrently with that other term or partly concurrently with it; or
(b)	the other term was imposed before the commencement of Part 2 of the Sentencing Legislation Amendment and Repeal Act 1999.

(5)

Subject to this section, a parole term, or an aggregate

of parole terms, may be aggregated with the aggregate

of 2 or more other parole terms, but a parole term, or

an aggregate of parole terms, imposed before the

commencement of Part 2 of the Sentencing Legislation

Amendment and Repeal Act 1999 is not to be

aggregated with a parole term, or aggregate of parole

terms, imposed after that commencement.

Sentencing Legislation Amendment and Repeal Act 1999

Part 2	Provisions about parole and other early release orders and
Division 1	Sentencing Act 1995 amended
s. 11

(6)	For the purposes of applying this section a reference in this Part or in the Sentence Administration Act 1999 to a prisoner serving a parole term is, where necessary, to be taken as including a reference to a prisoner serving more than one parole term and in such a case, if under this section the terms can be aggregated, the reference to the term is to be taken as being a reference to the
aggregate of the terms.

Table showing some examples of the operation of this section and sections 88

and 93 and section 7 of the Sentence Administration Act 1999

Parole	Parole	Whether	Effect
term 1	term 2	concurrent etc.

4 years 6 years Concurrent

Aggregation of terms permitted for

parole calculations.

Aggregate = 6 yrs.

Non-parole period = 3 yrs

(Calculated on aggregate).

If not paroled, serve 6 yrs.

4 years 6 years Cumulative

Aggregation of terms permitted for

parole calculations.

Aggregate = 10 yrs.

Non-parole period = 5 yrs

(Calculated on aggregate).

If not paroled, serve 10 yrs.

4 years 6 years Partly concurrent:

Aggregation of terms not permitted for

1 year of term 1 to	parole calculations.
be served before	Serve 1 year of term 1.
term 2 begins.	Then begin serving term 2 concurrently
(See s 88(4))	with rest of term 1. Non-parole period on term 2 = 3 years. Result: serve 4 years before eligible for parole. If not paroled, serve 7 yrs.

”.

Sentencing Legislation Amendment and Repeal Act 1999

Provisions about parole and other early release orders and

Part 2

remission

Sentence Administration Act 1995 repealed

Division 2

s. 12

12. Section 95 replaced

Section 95 is repealed and the following section is inserted instead —

“

95. Release from fixed term that is not parole term

A prisoner serving a fixed term that is not a parole term is discharged from that sentence at the end of the term and, subject to Division 2 of Part 2 of the Sentence Administration Act 1999, must be released then.

”.

Division 2 — Sentence Administration Act 1995 repealed

13. Act repealed

The Sentence Administration Act 1995 is repealed.

Division 3 — Transitional and consequential provisions

14. Interpretation

(1)	In this Division — “commencement” means the commencement of this Part; “new provisions” means —

(a)	the Sentencing Act 1995 as amended by the sentencing amendments; and
(b)	the Sentence Administration Act 1999;

“old provisions” means the Sentencing Act 1995, and the

repealed Act, as they would have applied had the sentencing amendments not come into operation;

“repealed Act” means the Sentence Administration Act 1995;

“sentencing amendments” means the amendments and repeals

made by this Part.

Sentencing Legislation Amendment and Repeal Act 1999

Part 2	Provisions about parole and other early release orders and
Division 3	Transitional and consequential provisions

(2)	In this Division, words and expressions have the same definitions as in the Sentencing Act 1995 and in particular, in Part 13 of that Act.

15. Sentencing courts to take into account this Part’s effect

(1)

If a court sentencing an offender to imprisonment proposes to

impose a fixed term (with or without a parole eligibility order),

it must consider whether the sentence it proposes would, by

reason only of the new provisions, result in the offender

spending more time in custody than he or she would have spent

had the old provisions been in operation at the time of

sentencing.

(2)

For the purposes of subsection (1) the court must assume —

(a)	that the offender would have been released at the earliest opportunity under the old provisions; and
(b)	that the offender, if sentenced to the proposed sentence, would be released at the earliest opportunity under the new provisions.

(3)

If the court considers that its proposed sentence would have the

result referred to in subsection (1) the court must adjust the

sentence so that the offender does not, by reason only of the

new provisions, spend more time in custody than he or she

would have spent had the old provisions been in operation at the

time of sentencing.

(4)

A court does not have to apply this section if, in sentencing an

offender, the court follows the practice of the court as

established in accordance with the new provisions and this

section.

Sentencing Legislation Amendment and Repeal Act 1999

Provisions about parole and other early release orders and

Part 2

remission

Transitional and consequential provisions

Division 3

s. 16

(5)	This section does not apply if —

(a)	the statutory penalty for the offence for which the offender is being sentenced has been amended since the new provisions commenced;
(b)	a guideline judgment given under section 143 of the Sentencing Act 1995 since the new provisions commenced applies to the offender or the offence for which the offender is being sentenced; or
(c)	the application of this section would be inconsistent with or contrary to any other judgment given since the new provisions commenced that binds the sentencing court.

16. Application of Interpretation Act 1984, s 36

Section 36 of the Interpretation Act 1984 applies as if the Sentence Administration Act 1995 had been repealed and re-enacted by the Sentence Administration Act 1999.

17. Community orders imposed before commencement

If immediately before commencement —

(a)	a community based order, or an intensive supervision order, made under the Sentencing Act 1995 is in force; or
(b)	a WDO made under Part 4 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 is in force,

then on and after commencement —

(c)	the Sentence Administration Act 1999 applies to and in respect of the order; and
(d)	the reference in the order to section 76 of the Sentence Administration Act 1995 is to be taken to be a reference to section 89 of the Sentence Administration Act 1999.

Sentencing Legislation Amendment and Repeal Act 1999

Part 2	Provisions about parole and other early release orders and
Division 3	Transitional and consequential provisions
s. 18

18. Sentences of imprisonment imposed before commencement

(1)

If immediately before commencement a person is subject to a

fixed term that is not a parole term and to which the old

provisions apply, then on and after commencement the old

provisions continue to apply to that term and to the release of

the person in respect of that term.

(2)

If immediately before commencement a person is subject to a

parole term to which the old provisions apply, then on and after

commencement —

(a)	the old provisions apply for the purpose of calculating —

(i) when the person is eligible to be released on parole;

(ii) the parole period for the person; and

(iii) when the person is discharged from the sentence and must be released;

(b)	the new provisions apply for the purpose of determining whether the person is to be released on parole;
(c)	if the person is to be released on parole, the release is to be by means of a parole order (supervised) made under Part 3 of the Sentence Administration Act 1999 and for that purpose —

(i) the parole period in the order is to be the parole period calculated under the old provisions; and

(ii) the supervised period for the order is to be the same as the parole period;

and

Sentencing Legislation Amendment and Repeal Act 1999

Provisions about parole and other early release orders and

Part 2

remission

Transitional and consequential provisions

Division 3

s. 19

(d)	Administration Act 1999 applies to and in respect of the

if the person is released on parole, the Sentence paragraph (a) or (c) provides otherwise.

(3)	If immediately before commencement a person is in custody serving a life term to which the old provisions apply, then on and after commencement the new provisions apply to that term.
(4)	If immediately before commencement a person is in custody serving indefinite imprisonment, then on and after commencement the new provisions apply in respect of that person.
(5)	If immediately before commencement a person is detained in strict or safe custody during the Governor’s pleasure under an order made under section 282 of The Criminal Code, then on and after commencement the new provisions apply in respect of
that person.

19. Early release orders made before commencement

If immediately before commencement a person is subject to a parole order, a home detention order, or a work release order, made under the repealed Act, then on and after commencement the

repealed Act continues to apply to and in respect of that order.

20. WROs

(1)	If immediately before commencement a person is subject to a sentence of imprisonment to which the old provisions apply, then on or after commencement—

(a)	subject to Part 4 of the repealed Act, a work release order may be made in respect of the person; and
(b)	Parts 4, 6, 7 and 8 of the repealed Act continue to operate for those purposes and in respect of any such order, subject to subsection (2).

Sentencing Legislation Amendment and Repeal Act 1999

Part 2	Provisions about parole and other early release orders and
Division 3	Transitional and consequential provisions

(2)	If on or after commencement—

(a)	a work release order is made under the repealed Act in respect of the person; and
(b)	after the order is made it is cancelled under section 70 of the repealed Act by reason of the person having been sentenced to imprisonment for a crime tried on indictment,

the Board must not make another work release order under the repealed Act in respect of the person in relation to the sentence to which the cancelled order related unless satisfied there are

exceptional reasons for making another order.

21. HDOs

If immediately before commencement a person is subject to a sentence of imprisonment to which the old provisions apply, then on or after commencement—

(a)	Part 5 of the repealed Act applies for the purpose of determining—

(i) whether the person is eligible to be released under a home detention order; and

(ii) the period of any such order;

(b)	if a home detention order is to be made in respect of the person, the order is to be made under Part 5 of the Sentence Administration Act 1999 and for that purpose the period of the order is to be the period calculated under the repealed Act; and
(c)	if a home detention order is made in respect of the person, the Sentence Administration Act 1999 applies to an in respect of the person and the order except to the extent that paragraph (a) or (b) provide otherwise.

Sentencing Legislation Amendment and Repeal Act 1999

Provisions about parole and other early release orders and

Part 2

remission

Transitional and consequential provisions

Division 3

s. 22

22. Warrants in force at commencement

A warrant issued under the repealed Act and in force immediately before commencement remains in force despite the repeal of the repealed Act.

23. CEO's instructions for community corrections centres

(1)

If rules made under section 86 of the repealed Act are in force

immediately before commencement, then on and after

commencement the rules are to be taken to be written

instructions issued under section 99 of the Sentence

Administration Act 1999 until written instructions are issued

under that section.

(2)

When written instructions are issued under section 99 of the Sentence Administration Act 1999 a reference in the repealed Act to rules made under section 86 of the repealed Act is to be

taken to be a reference to those written instructions.

24. Parole Board's report

The Board’s annual report made under section 125 of the Sentence Administration Act 1999 must report on the operation of the repealed Act to the extent that it continues to operate by virtue of this Division and the Interpretation Act 1984.

25. Transitional regulations

(1)	If there is no sufficient provision in this Division or in the old provisions or in the new provisions to provide for matters in relation to —

(a)	the application of the old provisions to a sentence of imprisonment imposed before commencement;
(b)	the effect after commencement of a sentence of imprisonment imposed before commencement;

Sentencing Legislation Amendment and Repeal Act 1999

Part 2	Provisions about parole and other early release orders and
Division 3	Transitional and consequential provisions
s. 26

(c)	the imposition after commencement of sentences of imprisonment on offenders who are subject to sentences of imprisonment imposed before commencement;
(d)	the combined effect of a sentence of imprisonment imposed before commencement and of a sentence of imprisonment imposed after commencement;
(e)	the application of the Sentence Administration Act 1995 or the Sentence Administration Act 1999 to orders made under the old provisions or under the Fines, Penalties

and Infringement Notices Enforcement Act 1994,

the Governor may make regulations prescribing all matters that

are required, necessary or convenient to be prescribed in

relation to those matters.

(2)	Regulations made under subsection (1) may provide that specific provisions of this Part, or of the old provisions, or of the new provisions —

(a)	do not apply; or
(b)	apply with specific modifications,

to or in relation to any matter.

(3)	Regulations made under subsection (1) —

(a)	must be made within 12 months after commencement; and
(b)	may be made so as to have effect on a day that is earlier than the day on which they are published in the Gazette but not earlier than commencement.

26. Consequential amendments

Each Act referred to in Schedule 1 is amended as set out in that

Schedule immediately below the short title of that Act.

Sentencing Legislation Amendment and Repeal Act 1999

Amendments about reparation	Part 3
s. 27

Part 3 — Amendments about reparation

27. Section 111 amended

After section 111(3) the following subsection is inserted—

“

(4)	A court that makes a reparation order may make any other order that is necessary to give effect to the reparation order, including an order to be obeyed by a person other than the offender.

”.

28. Section 112 amended

Section 112(3) and (4) are repealed.

29. Section 115 amended

(1)

Section 115(2) is amended by inserting after “body or person”

the following —

“ , other than a person referred to in subsection (2a), ”.

(2)

After section 115(2) the following subsection is inserted —

“

(2a)	A person assessing compensation under the Criminal Injuries Compensation Act 1985 for the injury resulting from an offence is to make the assessment without regard to the compensation set under a compensation order made in respect of the offence.

”.

30. Section 117 amended

Section 117(2) is repealed and the following subsections are inserted instead—

Sentencing Legislation Amendment and Repeal Act 1999

Part 3	Amendments about reparation
s. 31

“

(2)	Such a compensation order is an order that the offender must pay an amount of money set by the court to the victim as compensation for —

(a)	the loss of, or damage to, the victim’s property; and
(b)	any expense reasonably incurred by the victim,

as a direct or indirect result of the commission of the

offence.

(2a)	A compensation order must not be made in respect of injury or loss as defined in section 3(1) of the Criminal Injuries Compensation Act 1985.

31. Section 119 amended

Section 119(2) is repealed.

32. Section 119A inserted

After section 119 the following section is inserted —

“

119A.

Sentencing court may order imprisonment until

compensation is paid

(1)

This section applies if a court that makes a

compensation order is of the opinion that the offender

concerned has, or ought to have, the means to pay the

compensation.

(2)

If this section applies the court may in addition to

making the compensation order, order that if the

offender does not pay the compensation before a date

set by the court the offender is to be imprisoned until

the compensation is paid, but in any event for not

Sentencing Legislation Amendment and Repeal Act 1999

Amendments about reparation	Part 3
s. 33

longer than the period determined under subsection (3)

or a shorter period set by the court.

(3)	Unless the court sets a shorter period, the period of imprisonment (in days) is the period determined by dividing the amount of compensation by $50 (or such
greater amount as is prescribed) and rounding the result up to the nearest whole number of days.
(4)	Service of the period of imprisonment does not discharge the offender’s liability to pay the compensation.
(5)	Any period of imprisonment that an offender has to serve as a result of an order made under subsection (2) is to be served cumulatively on any term of imprisonment that the offender is serving or has to serve unless the court orders otherwise.
(6)	This section does not limit the operation of section 119.

”.

33. Section 120A inserted

After section 120 the following section is inserted—

“

120A.

Sheriff’s powers to enforce restitution order

(1)	If a person against whom a restitution order has been made does not comply with the order, the victim in whose favour the order was made may request the Sheriff of Western Australia to seize the property and deliver it to the victim.

Sentencing Legislation Amendment and Repeal Act 1999

Part 3	Amendments about reparation
s. 33

(2)

On receiving such a request and a copy of the

restitution order, the Sheriff may seize the property and

deliver it to the victim and for that purpose may enter

any place where the Sheriff reasonably believes the

property may be.

(3)

Regulations may provide for the costs of the Sheriff to

be paid by the victim and then recovered from the

person who did not comply with the restitution order.

”.

Sentencing Legislation Amendment and Repeal Act 1999

Miscellaneous amendments	Part 4
s. 34

Part 4 — Miscellaneous amendments

34. Section 4 amended

Section 4(1) is amended by inserting in the appropriate alphabetical position the following definition —

“

“spent conviction order” has the meaning given by

section 45(2);

”.

35. Section 34 amended

(1)

Section 34 is amended by inserting before the first word the

subsection designation “(1)”.

(2)

Section 34 is amended by inserting the following subsections —

“

(2)

If a court sentencing an offender imposes a fixed term (as defined in section 85), the court is to state in open court the minimum period that the offender, as a result

of the sentence and the operation of this Act, will serve

in custody in respect of the term or, if more than one

term is imposed, in respect of the aggregate of the

terms.

(3)

In complying with subsection (2) a court need not take

account of any other sentence of imprisonment

imposed previously on the offender which the offender

is serving or has yet to serve.

”.

Sentencing Legislation Amendment and Repeal Act 1999

Part 4	Miscellaneous amendments
s. 36

36. Section 80 amended

Section 80(5) and (6) are repealed and the following subsection is inserted instead —

“

(5)	If under subsection (1)(a) or (b) a court orders a person to serve a term, or part of a term, of imprisonment that was suspended —

(a)	section 88 applies in respect of the term to be served; and
(b)	the court may make a parole eligibility order under section 89,

as if the term to be served were a term of imprisonment

being imposed by the court.

”.

37. Section 105 amended

Section 105(5) is amended in the definition of “motor vehicle offence” as follows:

(a)	by inserting after paragraph (c) the following paragraph —

“

(ca)

an offence where —

(i)	a motor vehicle is used in the commission of the offence;
(ii)	the commission of the offence is aided or facilitated by the use of a motor vehicle;

”;

(b)	by deleting paragraph (d)(i) and (d)(ii).

Sentencing Legislation Amendment and Repeal Act 1999

Miscellaneous amendments	Part 4
s. 38

38. Section 137 replaced

Section 137 is repealed and the following section is inserted instead —

“

137. Royal Prerogative of Mercy not affected

Neither this Act nor the Sentence Administration

limits any exercise of it.

”.

39. Section 143A inserted

After section 143 the following section is inserted —

“

143A.

Sentencing guidelines for courts of summary

jurisdiction

(1)

For the purpose of reducing any disparity in sentences

imposed by courts of summary jurisdiction, the chief

stipendiary magistrate may from time to time publish

guidelines for the sentencing of offenders in such

courts.

(2)

The guidelines are not binding on courts of summary

jurisdiction.

(3)

Without limiting the matters that may be included in

the guidelines, they may include —

(a)	guidance about —

(i) assessing the seriousness of offences;

(ii) the sentencing process;

(iii) when it is appropriate to impose particular sentencing options;

Sentencing Legislation Amendment and Repeal Act 1999

Part 4	Miscellaneous amendments
s. 39

(b)	suggestions as to the appropriate sentence to be imposed for a particular offence or class of offence.

”.

Sentencing Legislation Amendment and Repeal Act 1999

General	Part 5
s. 40

Part 5 — General

40. Review

(1)	The Minister administering the Sentencing Act 1995 is to carry out a review of the operation and effectiveness of —

(a)	the Sentencing Act 1995 to the extent that it is affected by the amendments made to it by this Act; and
(b)

Parts 3 and 7 of the Sentence Administration Act 1999,

as soon as practicable after the expiration of 4 years from the

day on which this Act receives the Royal Assent.

(2)	The Minister is to prepare a report based on the review and cause it to be laid before each House of Parliament within 5 years after the day on which this Act receives the Royal Assent.

Sentencing Legislation Amendment and Repeal Act 1999

Schedule 1

Consequential amendments

Schedule 1 — Consequential amendments

[s. 26]

Bail Act 1982

s. 3(1)	In the definitions of “CEO (Justice)” and “community corrections
officer” delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 3(1)	Delete the definition of “early release order” and insert instead —
“early release order” means an early release order made under

the Sentence Administration Act 1995 or Sentence

Administration Act 1999;

s. 50K

Delete “section 117 of the Sentence Administration Act 1995” and

insert instead —

section 131 of the Sentence Administration Act 1999

Constitution Acts Amendment Act 1899

Schedule V,	In the item dealing with the Parole Board delete “Sentence
Part 3	Administration Act 1995” and insert instead —
Sentence Administration Act 1999

Sentencing Legislation Amendment and Repeal Act 1999

Consequential amendments

Schedule 1

Criminal Law (Mentally Impaired Defendants) Act 1996

s. 42(1)(a)	Delete “section 103(1)(a) of the Sentence Administration Act 1995” and insert instead —
section 116(1)(a) of the Sentence Administration Act 1999
s. 42(1)(b)	Delete “section 103(1)(b) of the Sentence Administration Act 1995” and insert instead —
section 116(1)(b) of the Sentence Administration Act 1999
s. 42(6)	Delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 43	Delete “section 104 of the Sentence Administration Act 1995” and insert instead —
section 117 of the Sentence Administration Act 1999

Fines, Penalties and Infringement Notices Enforcement Act 1994

s. 28(1)

In the definitions of “community corrections activities”,

“community corrections centre” and “community corrections

officer” delete “Sentence Administration Act 1995” and insert

instead —

Sentence Administration Act 1999

s. 49(a)

Delete the paragraph and “and” after it and insert instead —

(a)	section 89 of the Sentence Administration Act 1999; and

s. 50(3)(c)

Delete “Sentence Administration Act 1995” and insert instead —

Sentence Administration Act 1999

Juries Act 1957

Second	In clause 2(m) delete “Sentence Administration Act 1995” and
Schedule,	insert instead —
Part I
Sentence Administration Act 1999

Sentencing Legislation Amendment and Repeal Act 1999

Schedule 1

Consequential amendments

Parole Orders (Transfer) Act 1984

s. 3	In the definitions of “Parole Board” and “parole order” delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 9(8)(a)	Delete “section 37 of the Sentence Administration Act 1995” and insert instead —
section 44 of the Sentence Administration Act 1999
s. 9(8)(b)	Delete “section 70 of the Sentence Administration Act 1995” and insert instead —
section 73 of the Sentence Administration Act 1999

Prisoners (Release for Deportation) Act 1989

s. 3(1)	In the definition of “the Parole Board” delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 4(2)	Delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 4(6)	Delete “section 21 of the Sentence Administration Act 1995, ” and insert instead —
sections 20 and 22 of the Sentence Administration Act 1999,

Prisons Act 1981

s. 77(1)	Delete paragraph (c).
s. 78(1)	Delete paragraph (d).
s. 92(6)(b)	Delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999

Sentencing Legislation Amendment and Repeal Act 1999

Consequential amendments

Schedule 1

Sentencing Act 1995

s. 4(1)	In the definitions of “community corrections centre” and “community corrections officer” delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 23(3)	Delete “under the Sentence Administration Act 1995” and insert instead — made under the Sentence Administration Act 1995 or the Sentence Administration Act 1999
s. 63(d)	Delete “section 76 of the Sentence Administration Act 1995” and insert instead —
section 89 of the Sentence Administration Act 1999
s. 67(2)(c)	Delete “Part 7 of the Sentence Administration Act 1995” and insert instead —
Part 8 of the Sentence Administration Act 1999
s. 70(d)	Delete “section 76 of the Sentence Administration Act 1995” and insert instead —
section 89 of the Sentence Administration Act 1999
s. 74(2)(c)	Delete “Part 7 of the Sentence Administration Act 1995” and insert instead —
Part 8 of the Sentence Administration Act 1999
s. 96(4)	Delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 97	Delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 101	Delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 141	Delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999

Sentencing Legislation Amendment and Repeal Act 1999

Schedule 1

Consequential amendments

Spent Convictions Act 1988

s. 30(a)

Delete the paragraph and “or” after it and insert instead —

(a)	section 73 of the Sentence Administration Act 1999;

(ab) section 70 of the Sentence Administration Act 1995; or

Schedule 3

In the Table, in item 1, delete “Sentence Administration Act 1995”

clause 1

and insert instead —

Sentence Administration Act 1999

Young Offenders Act 1994

s. 50A(6)	Delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 50B(2)	Delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999
s. 118(5)	Delete “Sentence Administration Act 1995” and insert instead —
Sentence Administration Act 1999

By Authority: JOHN A. STRIJK, Government Printer