14. Interpretation
(1) In this Division ¾
}commencement~ means the commencement of this Part;
}new provisions~ means ¾
(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}old provisions~ means the Sentencing Act 1995, and the repealed Act, as they would have applied had the sentencing amendments not come into operation;
}repealed Act~ means the Sentence Administration Act 1995;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.
(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 impose a fixed term that is two thirds of the fixed term that it would have imposed had the old provisions been in operation at the time of sentencing.
(2) For the purposes of subsection (1) ¾
(a) it does not matter that the court may be proposing to suspend the fixed term under Part 11 of the Sentencing Act 1995; and
(b) a reference to imposing a fixed term includes a reference to dealing with an offender under section 80 of the Sentencing Act 1995 in respect of a sentence of suspended imprisonment imposed under the old provisions.
(3) Despite subsection (1), if the sentence required by that subsection would contravene section 86 of the Sentencing Act 1995, the court must use one of the sentencing options in section 39(2)(a) to (e) of that Act instead of sentencing the offender to imprisonment.
(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.
(5) This section does not apply if ¾
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Section 36 of the Interpretation Act 1984 applies as if the Sentence Administration Act 1995 had been repealed and re-enacted by the Sentence Administration Act 1999.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 ¾
(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 ¾
(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.
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 ¾
(a) the old provisions apply for the purpose of calculating ¾
(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 ¾
(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
(d) if the person is released on parole, the Sentence Administration Act 1999 applies to and in respect of the person and the order except to the extent that 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 commencement¾
(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).
(2) If on or after commencement¾
(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 commencement¾
(a) Part 5 of the repealed Act applies for the purpose of determining¾
(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.
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.
24A. Offenders serving sentences of imprisonment imposed before 4 November 1996
(1) In this section ¾
}1995 Act~ means the Sentencing (Consequential Provisions) Act 1995.
(2) If immediately before commencement a person to whom section 82 of the 1995 Act applies is in custody subject to the sentence referred to in section 82, then on and after commencement section 82 continues to apply but ¾
(a) the references to the Sentencing Act 1995 and the Sentence Administration Act 1995 are to be read as references to those Acts as they would have applied had the sentencing amendments not come into operation; and
(b) section 20 of this Act applies to the person.
(3) If immediately before commencement a person to whom section 83 of the 1995 Act applies is in custody subject to the sentence referred to in section 83, then on and after commencement section 83, other than paragraphs (a) and (c), continues to apply but ¾
(a) any release of the person on parole in respect of the sentence is to be by means of a parole order (supervised) made under Part 3 Division 7 of the Sentence Administration Act 1999; and
(b) Part 3 Divisions 8 to 12 and Parts 4, 6 and 8 to 12 of the Sentence Administration Act 1999 apply to and in respect of the person and the parole order (supervised).
(4) If immediately before commencement a person to whom section 84 of the 1995 Act applies is in custody subject to the sentence referred to in section 84, then on and after commencement section 84 continues to apply but ¾
(a) the references to the Sentencing Act 1995 and the Sentence Administration Act 1995 are to be read as references to those Acts as they would have applied had the sentencing amendments not come into operation; and
(b) sections 18(2) and 20 of this Act apply to the person.
(5) If immediately before commencement a person to whom section 86 of the 1995 Act applies is in custody subject to the sentence referred to in section 86, then on and after commencement section 86, other than paragraphs (a), (b) and (c), continues to apply but ¾
(a) any release of the person on parole in respect of the sentence is to be by means of a parole order (supervised) made by the Governor under Part 3 Division 7 of the Sentence Administration Act 1999;
(b) the parole period for the parole order (supervised) is that provided by section 24(3) of the Sentence Administration Act 1999; and
(c) Part 3 Divisions 8 to 12 and Parts 4, 6 and 8 to 12 of the Sentence Administration Act 1999 apply to and in respect of the person and the parole order (supervised).
(6) If immediately before commencement a person to whom section 87 of the 1995 Act applies is in custody subject to the sentence referred to in section 87, then on and after commencement section 87, other than paragraphs (a), (b) and (c), continues to apply but ¾
(a) any release of the person on parole in respect of the sentence is to be by means of a parole order (supervised) made by the Governor under Part 3 Division 7 of the Sentence Administration Act 1999;
(b) the parole period for the parole order (supervised) is that provided by section 25(3) of the Sentence Administration Act 1999; and
(c) Part 3 Divisions 8 to 12 and Parts 4, 6 and 8 to 12 of the Sentence Administration Act 1999 apply to and in respect of the person and the parole order (supervised).
(7) If immediately before commencement a person to whom section 88(1) of the 1995 Act applies is in custody subject to the order referred to in section 88(1), then on and after commencement section 88(1) continues to apply but the reference to the Sentence Administration Act 1995 is to be read as a reference to the Sentence Administration Act 1999.
(8) If immediately before commencement a person to whom section 90(1) of the 1995 Act applies is in custody subject to the order referred to in section 90(1), then on and after commencement section 90 continues to apply but the reference to the Sentence Administration Act 1995 is to be read as a reference to the Sentence Administration Act 1999.
(9) If immediately before commencement a person to whom section 91(1) of the 1995 Act applies is in custody subject to the direction or sentence referred to in section 91(1), then on and after commencement section 91, other than paragraphs (a), (b) and (c) of section 91(1), continues to apply but ¾
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 ¾
(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;
(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 ¾
(a) do not apply; or
(b) apply with specific modifications,
to or in relation to any matter.
(3) Regulations made under subsection (1) ¾
(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.
(4) The Governor may make any regulations that are necessary or convenient for preventing any doubt or difficulty from arising as to the application or operation of section 15 or for resolving any doubt or difficulty that may have arisen in that regard.
[Section 25 amended by No. 62 of 2000 s. 6.]