S. 3(1) def. of person repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of drug of addiction inserted by No. 42/1993 s. 60. drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; S. 3(1) def. of drug treatment order inserted by No. 2/2002 s. 4(1). drug treatment order means an order under Subdivision (1C) of Division 2 of Part 3; S. 3(1) def. of escape offence inserted by No. 41/1993 s. 4(b). escape offence means an offence against section 479C of the Crimes Act 1958; s. 3 S. 3(1) def. of family violence intervention order inserted by No. 30/2010 s. 3(a). family violence intervention order means— (a) a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008; or (b) one of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal— (i) an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act; dependent
(ii) an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act; (iii) an interim intervention order made on grounds referred to in section 8 of that Act; S. 3(1) def. of fine amended by Nos 19/1999 s. 12(1), 31/2013 s. 8. fine means the sum of money payable by an offender under an order of a court made on the offender being convicted or found guilty of an offence and includes costs but does not include money payable by way of restitution or compensation or any costs of or incidental to an application for restitution or compensation payable by an offender under an order of a court or money payable by an offender under an order of a court to an organisation that provides a charitable or community service or to the court for payment to such an organisation; S. 3(1) def. of fine conversion order inserted by No. 65/2011 s. 3(1), amended by No. 26/2012 s. 27(3). fine conversion order means an order made under section 55(1)(d) or (3); s. 3 S. 3(1) def. of fine default unpaid community work order inserted by No. 65/2011 s. 3(1), amended by No. 26/2012 s. 27(4). fine default unpaid community work order means an order made under section 62(10)(a), 62A or 64(4);
S. 3(1) def. of residence restriction or exclusion condition inserted by No. 65/2011 s. 3(1). residence restriction or exclusion condition means a condition that may be attached to a community correction order under section 48G(1); S. 3(1) def. of residential treatment facility inserted by No. 23/2006 s. 226(b). residential treatment facility has the same meaning as it has in section 3(1) of the Disability Act 2006; S. 3(1) def. of residential treatment order inserted by No. 23/2006 s. 226(b), amended by No. 65/2011 s. 3(9). residential treatment order means an order made under section 82AA(1); S. 3(1) def. of restricted involuntary treatment order inserted by No. 69/2005 s. 3(1)(a). restricted involuntary treatment order means an order made under section 93; S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1), substituted by No. 65/2011 s. 3(10). Secretary means the Secretary to the Department of Justice; s. 3 S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 71(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;
under section 119, 120(2) or 121 of that Act in relation to that order. S. 5(2C) inserted by No. 60/1993 s. 26, amended by Nos 35/1999 s. 37(1)(a)(b), 68/2009 s. 97(Sch. item 110.2). (2C) In sentencing an offender a court may have regard to the conduct of the offender on or in connection with the trial or hearing as an indication of remorse or lack of remorse on his or her part. S. 5(2D) inserted by No. 60/1993 s. 26, substituted by No. 35/1999 s. 37(2), amended by Nos 68/2009 s. 97(Sch. item 110.3), 30/2010 s. 24. (2D) In having regard to the conduct of the offender under subsection (2C), the court may consider the extent to which the offender complied with, or failed to comply with, a requirement imposed on the offender by or under Part 5.5 of Chapter 5 of the Criminal Procedure Act 2009. S. 5(2E) inserted by No. 60/1993 s. 26, amended by Nos 109/1994 s. 34(14)(a), 19/1999 s. 16(2), 68/2009 s. 97(Sch. item 110.4). (2E) An offender who pleads guilty to an offence after the determination by the Court of Appeal of a question of law reserved under section 302(2) of the Criminal Procedure Act 2009 is to be taken to have pleaded guilty immediately after arraignment. s. 5 (3) A court must not impose a sentence that is more severe than that which is necessary to achieve the purpose or purposes for which the sentence is imposed. (4) A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender.
medical matters includes dental matters and psychological matters; medical practitioner means— (a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or (b) a person entitled to practise medicine in a place out of under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise; medical report means a written statement made under section 8M(1); psychologist means— s. 8J (a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or (b) a person who is qualified or registered to practise psychology in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise. victim impact statement means a statement made by a victim under section 8K(1);
(b) is not required to announce— (i) the sentences that would have been imposed for each offence had separate sentences been imposed; or (ii) whether those sentences would have been imposed concurrently or cumulatively. S. 9(4A) inserted by No. 48/2012 s. 44(2). (4A) For the avoidance of doubt, an aggregate sentence of imprisonment may be imposed in respect of convictions for offences that are the subject of a rolled-up charge or a representative charge. Note A representative charge is a charge in an indictment for an offence that is representative of a number of offences of the same type alleged to have been committed by the accused. A rolled-up charge is a charge in an indictment that alleges that the accused has committed more than one offence of the same type between specified dates. S. 9(5) inserted by No. 30/2010 s. 5. (5) Subsection (4) does not affect the requirements of section 6AAA. S. 10 amended by No. 41/1993 s. 6, expired by force of No. 49/1991 s. 10(5), new s. 10 inserted by No. 6/2013 s. 9. 10 Custodial sentence must be imposed for gross violence offences s. 10 (1) In sentencing an offender for an offence against section 15A or 15B of the Crimes Act 1958 (whether on appeal or otherwise), a court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 4 years unless the court finds under section 10A that a special reason exists. Note Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence.
S. 18(1)(d) amended by No. 26/2012 s. 28. (d) proceedings under section 83AR— including any period pending the determination of an appeal, must be reckoned as a period of imprisonment or detention already served under the sentence or restored sentence unless the sentencing court or the court fixing a non-parole period in respect of the sentence or the court making the order under section 83AR otherwise orders. S. 18(1A) inserted by No. 10/1999 s. 18(2), repealed by No. 1/2000 s. 8(a), new s. 18(1A) inserted by No. 53/2003 s. 4(1), repealed by No. 30/2010 s. 7(a). * * * * * S. 18(1B) inserted by No. 10/1999 s. 18(2), repealed by No. 1/2000 s. 8(a). s. 18 * * * * * S. 18(2) amended by Nos 53/2003 s. 4(2), 30/2010 s. 7(b). (2) Subsection (1) does not apply— (a) to a period of custody of less than one day; or S. 18(2)(b) amended by No. 69/1997 s. 6(2)(a). (b) to a sentence of imprisonment or period of detention in an approved mental health service of less than one day; or
S. 18(2)(ba) inserted by No. 48/1997 s. 11(2)(a), repealed by No. 65/2011 s. 9. * * * * * s. 18 S. 18(2)(bb) inserted by No. 30/2010 s. 7(c), repealed by No. 48/2011 s. 15. * * * * * S. 18(2)(c) amended by No. 48/1997 s. 11(2)(b). (c) to a sentence of imprisonment that has been wholly suspended or to the suspended part of a partly suspended sentence of imprisonment; or S. 18(2)(ca) inserted by No. 10/1999 s. 18(3), repealed by No. 1/2000 s. 8(b). * * * * * S. 18(2)(d) inserted by No. 48/1997 s. 11(2)(b), amended by Nos 69/1997 s. 6(2)(b), 82/2006 s. 3(2). (d) to a period of custody previously declared under this section or section 35 as reckoned to be a period of imprisonment or detention already served under another sentence of imprisonment or detention or hospital security order imposed on the offender. S. 18(3) amended by Nos 53/2003 s. 4(3), 30/2010 s. 7(b). (3) If an offender was held in custody in circumstances to which subsection (1) applies, then— (a) the informant or person who arrested the offender must, if present before the court, inform it, whether from his or her own knowledge or from inquiries made by him or her, of the length of the period of custody; or
(b) if that person is not present before the court, it may take and receive other evidence (whether oral or written and whether on oath or otherwise) of the length of the period of custody. S. 18(4) amended by No. 48/1997 s. 11(3). (4) If an offender was held in custody in circumstances to which subsection (1) applies, then the court must declare the period to be reckoned as already served under the sentence and cause to be noted in the records of the court the fact that the declaration was made and its details. S. 18(4A) inserted by No. 53/2003 s. 4(4), repealed by No. 30/2010 s. 7(a). * * * * * S. 18(5) amended by No. 69/1997 s. 6(3). (5) The person with custody of the record referred to in subsection (4) must indorse on the warrant or other authority for the imprisonment or detention of the offender particulars of the matters referred to in that subsection. S. 18(5A) inserted by No. 53/2003 s. 4(5), repealed by No. 30/2010 s. 7(a). * * * * * s. 18 (6) If a person charged with a series of offences committed on different occasions has been in custody continuously since arrest, the period of custody for the purposes of subsection (1) must be reckoned from the time of his or her arrest even if he or she is not convicted of the offence with respect to which he or she was first arrested or of other offences in the series.
(b) the provisions about proceedings under this Subdivision or Division 2 of Part 3C apply as if the court from which the appeal was made were the sentencing court. S. 27A inserted by No. 30/2010 s. 15, repealed by No. 48/2011 s. 20. * * * * * S. 28 amended by No. 23/1994 s. 118(Sch. 1 item 51), repealed by No. 48/1997 s. 14(6). * * * * * S. 29 amended by Nos 48/1997 s. 14(7), 65/2011 s. 17. 29 Effect of suspended sentence s. 29 An offender in respect of whom a suspended sentence has been imposed under section 27 only has to serve the sentence or part sentence held in suspense if he or she is ordered to do so under section 83AR. S. 30 repealed by No. 48/1997 s. 14(6). * * * * * S. 31 amended by Nos 48/1997 s. 15, 10/1999 s. 30, 82/2006 ss 5, 6, 68/2009 s. 97(Sch. items 30/2010 s. 16, repealed by No. 65/2011 s. 18. * * * * *
S. 35(2)(c) inserted by No. 48/1997 s. 11(5), amended by Nos 69/1997 s. 6(4), 82/2006 s. 3(4). (c) to a period of custody previously declared under this section or section 18 as reckoned to be a period of detention or imprisonment already served under another sentence of detention or imprisonment or hospital security order imposed on the offender. s. 35 S. 35(3) amended by No. 48/1997 s. 16(4). (3) If a young offender was held in custody in circumstances to which subsection (1) applies, then— S. 35(3)(a) amended by No. 48/1997 s. 16(6). (a) the informant or person who arrested the young offender must, if present before the court, inform it, whether from his or her own knowledge or from inquiries made by him or her, of the length of the period of custody; or (b) if that person is not present before the court, it may take and receive other evidence (whether oral or written and whether on oath or otherwise) of the length of the period of custody. S. 35(4) amended by No. 48/1997 ss 11(6), 16(4). (4) If a young offender was held in custody in circumstances to which subsection (1) applies, then the court must declare the period to be reckoned as already served under the sentence and cause to be noted in the records of the court the fact that the declaration was made and its details. S. 35(5) amended by No. 48/1997 s. 16(1). (5) The person with custody of the record referred to in subsection (4) must indorse on the warrant or other authority for the detention of the young offender particulars of the matters referred to in that subsection. S. 35(6) amended by No. 48/1997 s. 16(7). s. 35 (6) If a young offender charged with a series of offences committed on different occasions has been in custody continuously since arrest, the period of custody for the purposes of subsection (1) must be reckoned from the time of his or her
licensed premises has the same meaning as in the Liquor Control Reform Act 1998; liquor has the same meaning as in the Liquor Control Reform Act 1998; major event has the same meaning as in the Liquor Control Reform Act 1998. S. 48JA inserted by No. 65/2011 s. 58 (as amended by No. 26/2012 s. 71). 48JA Bond condition (1) A court which is making a community correction order may attach a condition requiring an offender to pay an amount of money as a bond, the whole or part of which is subject to forfeiture if the offender fails to comply with the order. (2) The court may attach a bond condition for the purpose of ensuring the compliance of the offender with the order. (3) When attaching a bond condition the court must— (a) have regard to adequacy of the financial circumstances of the offender as contained in the pre-sentence report to support the payment of the bond; and (b) fix a time period for the payment of the bond by the offender. (4) Any money paid by an offender under subsection (1)— (a) must be paid to the court making the order; and (b) despite any provision to the contrary in the Supreme Court Act 1986, the County Court Act 1958 or the Magistrates' Court Act 1989, must be held on trust by the Crown in a trust account established by the Minister under section 23 of the Financial Management Act 1994 until the money is
S. 55 amended by No. 69/1997 s. 7(1) (ILA s. 39B(1)). 55 Application by person fined S. 55(1) amended by No. 69/1997 s. 8(1)(a). (1) An offender who has been fined by a court may, at any time before the commencement of a hearing under section 62(10), apply to the proper officer of that court in the manner prescribed by rules of that court for one or more of the following— (a) an order that time be allowed for the payment of the fine; or (b) an order that the fine be paid by instalments; or S. 55(1)(c) amended by No. 41/1993 s. 12. (c) an order for the variation of the terms of an instalment order; or S. 55(1)(d) inserted by No. 41/1993 s. 12, amended by Nos 69/1997 s. 8(1)(b), 10/2004 s. 15(Sch. 1 item 27.2), 65/2011 s. 23(1), 26/2012 s. 41(1). (d) if the amount of the fine is not more than an amount equivalent to the value of 100 penalty units or, if it is, for a part of it up to an amount equivalent to the value of 100 penalty units, an order requiring him or her to perform unpaid community work as directed by the Secretary for a number of hours fixed in accordance with section 63(2). S. 55(2) inserted by No. 69/1997 s. 7(1), amended by No. 32/2006 s. 92(2). (2) An offender may not apply under subsection (1)(d) if the fine was imposed in respect of an offence heard and determined by the Magistrates' Court as a result of the revocation of an enforcement order within the meaning of, or the making of an application under section 68(1) of, the Infringements Act 2006.
completion of the hours of work that the court ordered that the offender must perform. S. 63AB inserted by No. 26/2012 s. 50. 63AB Cumulative unpaid community work where there are several orders s. 63AB (1) The number of hours of unpaid community work required to be performed by an offender under a fines order must, unless otherwise directed by a court, be performed cumulatively on any hours of unpaid community work required to be performed under another fines order that is in force in respect of the offender, whether the other fines order is made before or at the same time as the first mentioned order. (2) A court must not give a direction under this section that is not consistent with section 63AA. (3) In this section, fines order means a fine conversion order or fine default unpaid community work order. S. 63AC inserted by No. 26/2012 s. 50. 63AC Period of a fine conversion order or a fine default unpaid community work order (1) The period of a fine conversion order or a fine default unpaid community work order is the period determined by the court in accordance with section 63AA. (2) The court must fix the date on which a fine conversion order or a fine default unpaid community work order commences, which must not be more than 3 months after the order is made. S. 63AD inserted by No. 26/2012 s. 50. 63AD Variation etc. of fine conversion order or fine default unpaid community work order
S. 81(1)(a) amended by Nos 48/1997 s. 28(2), 65/2011 s. 36(3). (a) not later than one year after the imposing of the order to which the justice plan condition is attached under section 80 and thereafter at intervals not exceeding one year; or (b) as directed by the court at the time of sentencing— until the condition of the sentence ceases to have effect. S. 81(2) amended by Nos 46/1998 s. 7(Sch. 1), 65/2011 s. 36(4). (2) The Secretary to the Department of Human Services may review a justice plan if an application is made to him or her to do so by— (a) the offender; or S. 81(2)(b) amended by No. 45/1996 s. 18(Sch. 2 item 11.12), substituted by No. 65/2011 s. 36(5). (b) if the sentence is a community correction order, the Secretary; or S. 81(2)(c) amended by Nos 48/1997 s. 14(9), 65/2011 s. 36(6). (c) if the sentence is a an order under Subdivision (2) or (3) of Division 2, a prescribed person or a member of a prescribed class of persons. S. 82 (Heading) inserted by No. 65/2011 s. 37. 82 Review of justice plan condition by sentencing court S. 82(1) amended by Nos 23/2006 s. 228(1), 65/2011 s. 38(1)(2)(a). s. 82 (1) If on an application under this subsection the court which attached a justice plan condition to an order under section 80(1) is satisfied— S. 82(1)(a) amended by No. 65/2011 s. 38(2)(a). (a) that the offender is no longer willing to comply with the condition; or
(3) Notice of an application under subsection (1) must be given— s. 82 (a) to the offender; and (b) to the Director of Public Prosecutions (if the sentencing court was the Supreme Court or the County Court) or to the informant or police prosecutor (if the sentencing court was the Magistrates' Court). (4) The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the hearing of the application. S. 82(5) amended by No. 65/2011 s. 38(5). (5) If the court cancels the justice plan condition, it may cancel the sentence and, subject to subsection (6), deal with the offender for the offence or offences with respect to which the sentence was imposed in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences. (6) In determining how to deal with an offender following the cancellation by it of a sentence, a court must take into account the extent to which the offender had complied with the sentence before its cancellation. S. 82AA inserted by No. 65/2011 s. 39. 82AA Residential treatment order s. 82AA (1) A court may make an order directing that the offender be detained for a period of up to 5 years in a specified residential treatment facility to receive specified treatment if— S. 82AA(1)(a) amended by No. 26/2012 s. 59. (a) the offender has been found guilty of a serious offence within the meaning of the definition of serious offence in section 3(1); or
(b) the conviction or finding of guilt constitutes a contravention of an order (the original order) under this Act applying to the offender, in respect of which a charge-sheet may be filed for an offence under section 83AB, 83AC or 83AD; and (c) the original order was made by the Magistrates' Court— despite anything to the contrary in this Division, the relevant sentencing court may proceed to hear and determine the proceeding for the offence under section 83AB, 83AC or 83AD as if it were an unrelated summary offence within the meaning of section 243 of the Criminal Procedure Act 2009. (2) Section 243 of the Criminal Procedure Act 2009 applies to the proceeding for the offence under section 83AB, 83AC or 83AD— (a) subject to any modifications as set out in the rules of the relevant sentencing court; and (b) with any other necessary modifications. S. inserted by No. 65/2011 s. 43, repealed by No. 26/2012 s. 62. * * * * * S. 83AR inserted by No. 65/2011 s. 43. 83AR Powers of court on finding of guilt for contravention of order as to suspended sentence s. 83AR (1) If the court finds a person guilty of an offence under section 83AB in respect of a suspended sentence order the court must (in addition to sentencing the offender for the offence)—
S. 87G inserted by No. 80/2001 s. 4. 87G How offender may appear on an application In a proceeding on an application for a cost recovery order the offender— (a) may appear personally; or (b) may be represented— S. 87G(b)(i) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (i) by a lawyer; or (ii) with the leave of the court, by any other person. S. 87H inserted by No. 80/2001 s. 4. may have regard to relevant facts s. 87H (1) In hearing and determining an application for a cost recovery order, a court may have regard to any relevant facts appearing from— (a) evidence given at the hearing of the charge; or S. 87H(1)(b) amended by No. 68/2009 s. 97(Sch. item 110.67). (b) any statement of the material facts relevant to the charge given to a court in a proceeding for the offence by the prosecution and not disputed by or on behalf of the accused; or (c) the available documents— together with admissions made by or on behalf of any person in connection with the application. (2) In subsection (1)(c) the available documents means— (a) any written statements or admissions which were made for use, and would have been admissible, as evidence on the hearing of the charge; or S. 87H(2)(b) substituted by No. 68/2009 s. 97(Sch. item 110.68). (b) the depositions in the committal proceeding; or
influence of alcohol or a drug which contributed to the offence. S. 89(1AA) inserted by No. 83/2012 s. 33(1). (1AA) If a person is found guilty of an offence under section 319AA of the Crimes Act 1958, the court must— (a) if the offender holds a driver licence or learner permit, cancel the licence or permit; and (b) whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for any time that the court thinks fit, being not less than 12 months. S. 89(1A) inserted by No. 59/2004 s. 9(2), amended by No. 83/2012 s. 33(2). (1A) A period of disqualification under subsection (1) or (1AA) commences on the day that the order imposing it is made or on such other later day as the court specifies in the order. s. 89 S. 89(2) amended by No. 83/2012 s. 33(3). (2) A driver licence or learner permit (as the case requires) must not be issued to a person who has been disqualified from obtaining one under subsection (1) or (1AA) except on the order of the Magistrates' Court made on the application of the offender at the end of the period of disqualification. (3) A person must give at least 28 days written notice of an application under subsection (2) to the Chief Commissioner of Police and the registrar at the proper venue of the Magistrates' Court. S. 89(3A) inserted by No. 57/1998 s. 26(2). (3A) If— (a) a person applies under subsection (2) for an order as to the issue of a driver licence; and (b) the court referred to in subsection (1) has made a finding that the offence was committed while the person was under the
influence of alcohol or a drug which contributed to the offence— the Magistrates' Court must have regard to the reports referred to in subsection (3B). Note to s. 89(3A) inserted by No. 1/2002 s. 12(a). Note In some cases, the court is not required to have regard to the report referred to in subsection (3B)(a): see section 89A(3)(a). S. 89(3B) inserted by No. 57/1998 s. 26(2). (3B) A person to whom paragraphs (a) and (b) of subsection (3A) apply must obtain from an accredited agency— (a) at least 12 months before applying for the order under subsection (2), an assessment report about the person's use of alcohol or drugs, as the case requires; and (b) within 28 days before applying for the order, a licence restoration report. Note to s. 89(3B) inserted by No. 1/2002 s. 12(b). Note In some cases, the person is not required to obtain the report referred to in paragraph (a): see section 89A(3)(a). s. 89 S. 89(3C) inserted by No. 57/1998 s. 26(2). (3C) If a person applies under subsection (2) for an order and there was no finding referred to in subsection (3A)(b), the Magistrates' Court may request a licence restoration report from an accredited agency. S. 89(3D) inserted by No. 57/1998 s. 26(2). (3D) On an application under subsection (2) the court may, in exceptional circumstances, reduce the period of 12 months referred to in subsection (3B)(a). S. 89(3E) inserted by No. 57/1998 s. 26(2). (3E) On an application under subsection (2), the Magistrates' Court may make or refuse to make the order sought, and for the purpose of determining whether or not the order should be made—
interlock supplier or a person or body authorised by such a supplier. S. 89B inserted by No. 1/2002 s. 13. 89B Removal of alcohol interlock condition s. 89B S. 89B(1) amended by No. 110/2004 s. 45(2). (1) If the court gives a direction under section 89A(2), 89A(3)(b) or 89A(4), it must specify in the direction a period during which the person concerned cannot apply to the court for the removal of an alcohol interlock condition imposed on his or her driver licence. (2) The specified period must be— S. 89B(2)(a) substituted by No. 110/2004 s. 45(1). (a) in the case of a direction under section 89A(2), at least 6 months after the condition is imposed; or S. 89B(2)(b) amended by No. 81/2006 s. 7(1). (b) in any other case, at least 4 years after the condition is imposed. S. 89B(3) amended by No. 49/2004 s. 44. (3) The Roads Corporation must not remove an alcohol interlock condition imposed on a person's driver licence unless the Magistrates' Court orders, on the application of the person made at the end of the specified period and on giving 28 days written notice of the application and of the venue of the Court at which it is to be made to the Chief Commissioner of Police, that the condition be removed. (4) Within 28 days before applying for the removal of an alcohol interlock condition imposed on a
S. 115B inserted by No. 65/2011 s. 68 (as amended by No. 43/2012 s. 3(Sch. item 47.1)). 115B Delegation (1) The Secretary may, by instrument, delegate any power or duty of the Secretary under— S. 115B(1)(a) amended by No. 26/2012 s. 65. (a) Part 3A or Part 3B of this Act or the regulations except this power of delegation to— (i) any officer within the meaning of Part 5 or Part 9 of the Corrections Act 1986; or (ii) the Commissioner, within the meaning of the Corrections Act 1986; or (iii) a prescribed person or prescribed class of person; or (b) Division 3 of Part 3C of this Act or the regulations except this power of delegation to a person employed in the Department of Justice under Part 3 of the Public Administration Act 2004 at a level of Grade 6 or higher. (2) A delegation under subsection (1) may be to a person or class of persons. s. 115B _______________ Pt 11 (Heading) substituted by No. 65/2011 s. 50.
S. 126 inserted by No. 2/2002 s. 7. 126 Transitional provisions—Sentencing (Amendment) Act 2002 s. 126 Subdivision (1C) of Division 2 of Part 3 applies to the sentencing of a person for an offence, irrespective of when the offence was committed. S. 126B inserted by No. 1/2002 s. 14. 126B Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002 S. 126B(1) substituted by No. 49/2004 s. 45(1). (1) Subject to subsection (1A), on and from the commencement of Part 9 of the Transport Legislation (Miscellaneous Amendments) Act 2004, section 89A applies to offences, irrespective of when they were committed including (for the avoidance of doubt) whether they were committed before, on or after the commencement of section 14 of the Road Safety (Alcohol Interlocks) Act 2002. S. 126B(1A) inserted by No. 49/2004 s. 45(2). (1A) The application of section 89A to an offence continues as provided by subsection (1), as in force immediately before the commencement of Part 9 of the Transport Legislation (Miscellaneous Amendments) Act 2004 for the purposes of any application under section 89(2) for an order as to the issue of a driver licence made before that commencement. S. 126B(1B) inserted by No. 49/2004 s. 45(2). (1B) The amendment of section 80B(3) made by section 44 of the Transport Legislation (Miscellaneous Amendments) Act 2004 has effect only with respect to applications made for the removal of an alcohol interlock condition more than 28 days after the commencement of Part 9 of that Act. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one after the
to have been committed on or after that commencement. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 15 of the Justice Legislation Amendment (Sex Offences Procedure) Act 2008, the offence is alleged to have been committed before that commencement. S. 137 inserted by No. 22/2009 s. 7. 137 Transitional provision—Crimes Amendment (Identity Crime) Act 2009 s. 137 (1) Section 6AAA, as amended by section 5 of the Crimes Amendment (Identity Crime) Act 2009, applies to a sentence imposed on or after the commencement of section 5 of that Act irrespective of when the sentencing hearing commenced. (2) An application may be made under section 89F in relation to an identity crime offence (within the meaning of section 89E) committed before the commencement of section 6 of the Crimes Amendment (Identity Crime) Act 2009. S. 138 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 51.5). 138 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 Sections 89(3F) and 89B(6) do not apply to a hearing that commenced before the day the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 and that— (a) continued on or after that day; or (b) was adjourned until that day or a day after that day.
S. 143 inserted by No. 77/2010 s. 27 (as amended by No. 9/2011 s. 5). 143 Transitional provision—Sentencing Amendment Act 2010 s. 143 (1) In this section— 2010 Act means the Sentencing Amendment Act 2010; S. 143(1) def. of old combined custody and treatment order repealed by No. 65/2011 s. 53(1)(a). * * * * * S. 143(1) def. of old intensive correction order repealed by No. 65/2011 s. 53(1)(b). * * * * * S. 143(1) def. of old serious suspended sentence order amended by No. 43/2012 s. 3(Sch. item 46.2). old serious suspended sentence order means an order made under Subdivision 3 of Division 2 of Part 3 as in force before the commencement of section 12 of the 2010 Act as to the suspending of a sentence of imprisonment on an offender for a serious offence, being such an order in force immediately before that commencement; old significant suspended sentence order means an order made under Subdivision 3 of Division 2 of Part 3 as in force before the commencement of section 12 of the 2010 Act as to the suspending of a sentence of imprisonment on an offender for a significant offence, being such an order in force immediately before that commencement.
Heading preceding s. 143(2) repealed by No. 65/2011 s. 53(2). * * * * * S. 143(2) repealed by No. 65/2011 s. 53(3). * * * * * Heading preceding s. 143(3) repealed by No. 65/2011 s. 53(4). * * * * * S. 143(3) repealed by No. 65/2011 s. 53(5). * * * * * Heading preceding s. 143(4) repealed by No. 65/2011 s. 53(6). * * * * * s. 143 S. 143(4) repealed by No. 65/2011 s. 53(7). * * * * * Suspended sentences (5) Despite the commencement of section 12 of the 2010 Act, an old serious suspended sentence order is taken to continue in force on and from that commencement as if this Act, as in force before that commencement, continued to apply to it.
Sch. 3 (Heading) substituted by No. 45/2012 s. 11(2). Sch. 3 amended by No. 81/1991 s. 10(Sch. item 3.1), repealed by No. 48/1997 s. 34, new Sch. 3 inserted by No. 65/2011 s. 54, amended by No. 45/2012 s. 11(1). SCHEDULE 3 Sch. 3 2011 Part 1—Definitions 1 Definitions In this Schedule— old combined custody and treatment order means a combined custody and treatment order within the meaning of section 3(1) as in force before the commencement of section 12 of the Sentencing Amendment (Community Correction Reform) Act 2011, being an order in force immediately before that commencement; old community-based order means a order within the meaning of section 3(1) as in force before the commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011, being an order in force immediately before that commencement; old intensive correction order means an intensive correction order within the meaning of section 3(1) as in force before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011, being an order in force immediately before that commencement.
Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 46) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Road Safety and Sentencing Acts Amendment Act 2012, No. 45/2012 Assent Date: 17.8.12 Commencement Date: S. 12 on 16.1.12: s. 2(3); ss 6, 9, 11, 13 on 17.8.12: s. 2(1); ss 7, 8, 10 on 18.8.12: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Criminal Procedure Amendment Act 2012, No. 48/2012 Assent Date: 4.9.12 Commencement Date: Ss 43–46 on 5.9.12: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012, No. 49/2012 Assent Date: 4.9.12 Commencement Date: Ss 6–8 on 31.1.13: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012 Assent Date: 18.12.12 Commencement Date: S. 33(1)–(3) on 20.12.12: Special Gazette (No. 444) 19.12.12 p. 1 Current State: This information relates only to the provision/s amending the Sentencing Act 1991 Crimes Amendment (Gross Violence Offences) Act 2013, No. 6/2013 Assent Date: 26.2.13 Commencement Date: Ss 8–10 on 1.7.13: Special Gazette (No. 180) 21.5.13 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation Amendment Act 2013, No. 31/2013 Assent Date: 4.6.13 Commencement Date: Ss 8–11 on 4.6.13: s. 2(1) Current State: This information relates only to the provision/s amending the Sentencing Act 1991