Sentencing Regulations 1996

 

Sentencing Regulations 1996

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Interpretation1

Part 2 — Matters preliminary to sentencing

4.Mediation (s. 27‑30)2

Part 2A  Pre‑sentence order

4A.Speciality court3

4B.Application to amend or cancel a PSO (s. 33M(2)(a) or (b))3

4C.Application to amend or cancel a PSO (s. 33M(2)(c))4

4D.CEO to be notified when court deals with offender on PSO4

4E.Lower court procedure on recalling an order imposing a sentence (s. 33O(5)(b))5

4F.Superior court procedure on recalling an order imposing a sentence (s. 33O(5)(b))5

Part 3 — The sentencing process

5.Correction of sentence (s. 37)6

5A.Re‑sentencing of offender — courts of summary jurisdiction and Children’s Court (s. 37A)7

5B.Re‑sentencing of offender — superior courts (s. 37A)7

6.Imprisonment by justices: magistrate to review (s. 38)8

Part 3A  Sentencing options

6AA.Offences for which CBO may be imposed (s. 44(a)(ii))10

6A.Application for cancellation of order (s. 57B)10

Part 4 — Orders forming part of a sentence

7.Application for return of passport (s. 108)11

Part 5 — Reparation orders

8.Application for a reparation order (s. 111)12

8A.Form of restitution order12

8B.Recovery of enforcement costs13

9.Enforcing a restitution order (s. 121)13

Part 6 — Amending and enforcing conditional release orders and community orders

10.Application to amend or cancel (s. 126)14

11.CEO to be notified when court deals with offender on community order15

Part 7 — Miscellaneous

12.Service16

13.Forms16

Schedule 1 — Forms18

1.Warrant of commitment18

2.Warrant of commitment until fine is paid20

3.Warrant of commitment for not paying a fine21

3A.Warrant of commitment for breach of compensation order23

4.Certificate of breach of community order25

Schedule 2 — Offences for which CBO may be imposed under s. 44 of the Act26

Acts26

Subsidiary legislation27

Notes

Compilation table29

 

Sentencing Act 1995

Sentencing Regulations 1996

Part 1  Preliminary

1.Citation

These regulations may be cited as the Sentencing Regulations 1996 1.

2.Commencement

These regulations come into operation on the day on which the Sentencing Act 1995 comes into operation 1.

3.Interpretation

(1)In these regulations, unless the contrary intention appears — 

approved, in relation to a form, means approved by the CEO;

court officer means — 

(a)in a superior court — a clerk of arraigns or the manager of the criminal registry;

(b)in a court of summary jurisdiction — a clerk of petty sessions;

(c)in the Children’s Court — a clerk of the court.

(2)The abbreviations used in these regulations are the same as those used in the Act.

[Regulation 3 amended in Gazette 3 Mar 2000 p. 1015.]

Part 2  Matters preliminary to sentencing

4.Mediation (s. 27‑30)

(1)No person is to be compelled to attend or participate in any mediation or attempted mediation.

(2)When a mediator is mediating or attempting to mediate between an offender and a victim, the mediator must at all times act fairly and impartially.

(3)It is not necessary for the purposes of mediating or attempting to mediate between an offender and a victim that both such people be present at the same place at the same time.

Part 2A  Pre‑sentence order

[Heading inserted in Gazette 29 Aug 2003 p. 3851.]

4A.Speciality court

For the purposes of the definition of “speciality court” in section 4(1) of the Act —

(a)the court of petty sessions is prescribed;

(b)the central law courts at Perth is prescribed; and

(c)the class of offenders who abuse prohibited drugs or prohibited plants as defined in section 3(1) of the Misuse of Drugs Act 1981 is prescribed.

[Regulation 4A inserted in Gazette 29 Aug 2003 p. 3851; amended in Gazette 3 Aug 2004 p. 3125.]

4B.Application to amend or cancel a PSO (s. 33M(2)(a) or (b))

(1)An application under section 33M(2)(a) or (b) of the Act is to be made in an approved form.

(2)An application may only be made by a CCO with the prior approval of the CEO.

(3)On receiving an application a court officer is to issue a summons (in an approved form) to all parties concerned to a hearing on a date and at a place fixed by the officer.

(4)The hearing date fixed by the court officer is to be at least 7 days after the date of the application.

(5)The summons must be served —

(a)in the case of an application by the offender — by a court officer on the CEO, and the prosecutor; or

(b)in the case of an application by a CCO — by a CCO on the offender.

(6)If satisfied that all parties concerned have been served with a summons issued under this regulation, the court may deal with the application under section 33N of the Act.

(7)The court hearing the application need not be constituted by the same judicial officer that constituted the court that imposed the PSO.

(8)In this regulation —

prosecutor means the DPP or a police prosecutor, as the case requires.

[Regulation 4B inserted in Gazette 29 Aug 2003 p. 3851‑2.]

4C.Application to amend or cancel a PSO (s. 33M(2)(c))

(1)This regulation applies to an application under section 33M(2)(c) of the Act.

(2)An application must be made in accordance with rules of court to the court that imposed the sentence concerned.

(3)If satisfied that all relevant rules of court have been complied with in relation to the application, the court may exercise the powers in section 33N of the Act.

(4)The court hearing the application need not be constituted by the same judicial officer that constituted the court that imposed the PSO.

[Regulation 4C inserted in Gazette 29 Aug 2003 p. 3852.]

4D.CEO to be notified when court deals with offender on PSO

If under section 33N of the Act a court deals with an offender in relation to a PSO, a court officer is to notify the CEO of any orders made by the court.

[Regulation 4D inserted in Gazette 29 Aug 2003 p. 3852.]

4E.Lower court procedure on recalling an order imposing a sentence (s. 33O(5)(b))

(1)When the Children’s Court or a court of petty sessions proposes to deal with an offender under section 33O(5)(b) of the Act, a court officer is to issue a summons (in an approved form) to all parties concerned to a hearing on a date and at a place fixed by the officer.

(2)The summons must be served by the prosecutor on the offender.

(3)The court may deal with the offender under section 33O(5)(b) if it is satisfied that all parties concerned have been served with a summons issued under this regulation.

(4)The court dealing with the offender need not be constituted by the same judicial officer that constituted the court that imposed the PSO.

[Regulation 4E inserted in Gazette 29 Aug 2003 p. 3852.]

4F.Superior court procedure on recalling an order imposing a sentence (s. 33O(5)(b))

(1)A superior court may deal with an offender under section 33O(5)(b) if it is satisfied that all relevant rules of court have been complied with in relation to the application.

(2)The court dealing with the offender need not be constituted by the same judicial officer that constituted the court that imposed the PSO.

[Regulation 4F inserted in Gazette 29 Aug 2003 p. 3853.]

Part 3  The sentencing process

5.Correction of sentence (s. 37)

(1)An application under section 37(2) of the Act must be in an approved form and may be made at any time.

(2)The application must be lodged with the court that imposed the sentence concerned.

(3)On receiving an application, or in a case where a court intends to exercise the powers in section 37(1) of the Act on its own initiative, a court officer is to issue a summons (in an approved form) to all parties concerned to a hearing on a date and at a place fixed by the officer.

(4)The summons must be served — 

(a)if the court intends to exercise the powers in section 37(1) of the Act on its own initiative — by a court officer on the offender and the prosecutor;

(b)if the application is made by the offender — by a court officer on the prosecutor;

(c)if the application is made by the prosecutor — by the prosecutor on the offender.

(5)If satisfied that all parties concerned have been served with a summons issued under this regulation, the court may, subject to section 14 of the Act, exercise the powers in section 37(1) of the Act.

(6)The court hearing an application under section 37 of the Act by an offender or a prosecutor need not be constituted by the same judicial officer that constituted the court that imposed the sentence sought to be corrected.

5A.Re‑sentencing of offender — courts of summary jurisdiction and Children’s Court (s. 37A)

(1)This regulation applies to an application (a lower court application) under section 37A(2) of the Act in relation to a sentence imposed by a court of summary jurisdiction or the Children’s Court.

(2)A lower court application must be in an approved form and may be made at any time.

(3)A lower court application must be lodged with the court that imposed the sentence concerned.

(4)On receiving a lower court application, a court officer is to issue a summons (in an approved form) to all parties concerned to a hearing on a date and at a place fixed by the officer.

(5)The summons must be served by the prosecutor on the offender.

(6)If satisfied that all parties concerned have been served with a summons issued under this regulation, the court may, subject to section 14 of the Act, exercise the powers in section 37A(1) of the Act.

(7)The court hearing a lower court application need not be constituted by the same judicial officer that constituted the court that imposed the sentence.

[Regulation 5A inserted in Gazette 3 Mar 2000 p. 1014.]

5B.Re‑sentencing of offender — superior courts (s. 37A)

(1)This regulation applies to an application (a superior court application) under section 37A(2) of the Act in relation to a sentence imposed by a superior court.

(2)A superior court application must be made in accordance with rules of court to the court that imposed the sentence concerned.

(3)If satisfied that all relevant rules of court have been complied with in relation to the superior court application, the court may, subject to section 14 of the Act, exercise the powers in section 37A(1) of the Act.

(4)The court hearing a superior court application need not be constituted by the same judicial officer that constituted the court that imposed the sentence.

[Regulation 5B inserted in Gazette 3 Mar 2000 p. 1014‑15.]

6.Imprisonment by justices: magistrate to review (s. 38)

(1)Immediately after a justice or justices in a court of summary jurisdiction impose a sentence referred to in section 38(1) of the Act, the clerk of the court is to send a magistrate the approved form for the review of the decision together with — 

(a)the papers that were before the justice or justices including — 

(i)the complaint;

(ii)the statement of facts by the prosecutor, or a transcript of it;

(iii)a copy of the offender’s criminal record (if any) tendered to the court;

(iv)a pre‑sentence report (if any);

and

(b)the written reasons for imposing the sentence.

(2)The form for the review of the decision may relate to more than one charge.

(3)The decision of the magistrate under section 38 of the Act is to be communicated as soon as practicable — 

(a)to the court that imposed the sentence;

(b)if the offender is not in custody, to the offender; and

(c)if the offender is in custody, to the person in charge of the place where the offender is in custody.

(4)If under section 38 of the Act a magistrate cancels the original sentence — 

(a)if the offender is not in custody — the magistrate may exercise the powers in section 14(5) of the Act in relation to the offender;

(b)if the offender is in custody — the person in charge of the place where the offender is in custody is to give effect to any order by the magistrate as to bail for, or the remand in custody of, the offender.

[Regulation 6 amended in Gazette 3 Mar 2000 p. 1015.]

Part 3A  Sentencing options

[Heading inserted in Gazette 14 May 2004 p. 1448.]

6AA.Offences for which CBO may be imposed (s. 44(a)(ii))

For the purposes of section 44(a)(ii) of the Act the offences the penalties for which are specified in a provision of an Act or Regulations listed in Schedule 2 are prescribed.

[Regulation 6AA inserted in Gazette 14 May 2004 p. 1448‑9.]

6A.Application for cancellation of order (s. 57B)

(1)An application under section 57B(2) of the Act is to be made in an approved form.

(2)On receiving an application a court officer is to issue a summons (in an approved form) to the offender to a hearing on a date and at a place fixed by the officer.

(3)The summons must be served by a court officer on the offender.

(4)If satisfied that the offender has been served with a summons, the court may deal with the application.

[Regulation 6A inserted in Gazette 25 Aug 2000 p. 4907.]

Part 4  Orders forming part of a sentence

7.Application for return of passport (s. 108)

An application under section 108(5) of the Act for the return of an Australian passport must be made in an approved form to a court officer of the court that ordered the passport to be surrendered.

Part 5  Reparation orders

8.Application for a reparation order (s. 111)

(1)An application to a court for a reparation order under Part 16 of the Act must be made — 

(a)orally during the relevant sentencing proceedings; or

(b)in writing (in an approved form) during the relevant sentencing proceedings or within 12 months after the date when the offender was sentenced.

(2)On receiving a written application made after the date of sentencing a court officer is to issue a summons (in an approved form) to all parties concerned to a hearing on a date and at a place fixed by the officer.

(3)The summons must be served — 

(a)if the court intends to exercise the powers in Part 16 of the Act on its own initiative — by a court officer on the victim, the offender, a prosecutor and, if necessary, on any third party (as defined in section 120(1) of the Act);

(b)if the application is made by the victim — by a court officer on the offender, a prosecutor and, if necessary, on any third party (as defined in section 120(1) of the Act);

(c)if the application is made by the prosecutor — by a prosecutor on the victim, the offender and, if necessary, on any third party (as defined in section 120(1) of the Act).

(4)If satisfied that all parties concerned have been served with a notice issued under this regulation, the court may proceed to deal with the application.

8A.Form of restitution order

A restitution order is to be made in the approved form.

[Regulation 8A inserted in Gazette 29 Dec 2000 p. 7920.]

8B.Recovery of enforcement costs

(1)In this regulation —

non‑complying person means a person who has failed to comply with a restitution order;

Sheriff’s costs means the reasonable costs incurred by the Sheriff in enforcing, or attempting to enforce, a restitution order.

(2)If under section 120A of the Act the Sheriff seizes, or attempts to seize, property that is the subject of a restitution order, the Sheriff may demand from the non‑complying person payment of the Sheriff’s costs.

(3)If the non‑complying person does not comply with a demand made under subregulation (2) the Sheriff may recover the Sheriff’s costs from that person in a court of competent jurisdiction as a debt due to the Sheriff.

[Regulation 8B inserted in Gazette 29 Dec 2000 p. 7920.]

9.Enforcing a restitution order (s. 121)

(1)An application under section 121 of the Act to a court is to be made in an approved form.

(2)On receiving an application a court officer is to issue a summons (in an approved form) to the person against whom the restitution order was made to a hearing on a date and at a place fixed by the officer.

(3)The summons must be served by a court officer on the person against whom the restitution order was made.

Part 6  Amending and enforcing conditional release orders and community orders

10.Application to amend or cancel (s. 126)

(1)An application under section 126 of the Act is to be made in an approved form.

(2)An application may only be made by a CCO with the prior approval of the CEO.

(3)On receiving an application a court officer is to issue a summons (in an approved form) to all parties concerned to a hearing on a date and at a place fixed by the officer.

(4)The hearing date fixed by the court officer is to be at least 7 days after the date of the application.

(5)In the case of an application to amend or cancel a CRO, the summons must be served — 

(a)in the case of an application by the offender — by a court officer on the prosecutor; or

(b)in the case of an application by a prosecutor — by the prosecutor on the offender.

(6)In the case of an application to amend or cancel a community order, the summons must be served — 

(a)in the case of an application by the offender — by a court officer on the CEO, and the prosecutor; or

(b)in the case of an application by a CCO — by a CCO on the offender.

(7)If satisfied that all parties concerned have been served with a summons issued under this regulation, the court may, subject to section 14 of the Act, deal with the application under section 126 of the Act.

(8)In this regulation — 

prosecutor means the DPP or a police prosecutor, as the case requires.

11.CEO to be notified when court deals with offender on community order

If under section 127, 130, 132 or 133 of the Act a court deals with an offender in relation to a community order, a court officer is to notify the CEO of any orders made by the court.

Part 7  Miscellaneous

12.Service

For the purposes of the Act and these regulations a summons may be served — 

(a)on an offender by serving it on the offender personally or by sending it by pre‑paid post to the offender’s last known address;

(b)on a prosecutor by causing it to be delivered to the prosecutor’s office;

(c)on the CEO by causing it to be delivered to the CEO’s office;

(d)on any other person by serving it on the person personally or by sending it by pre‑paid post to the person’s last known address.

13.Forms

(1)Subject to this regulation the prescribed forms for the purposes of the Act are those in the Table to this regulation.

(2)The prescribed form for an arrest warrant for the purposes of sections 14, 33J, 33P, 50, 79, 84E and 129 of the Act is Form 1 in the Criminal Procedure Regulations 2005 Schedule 1.

(3)The prescribed form for a remand warrant for the purposes of section 17 of the Act is Form 2 in the Criminal Procedure Regulations 2005 Schedule 1.

(4)The prescribed form for a warrant to commit a person to another court for the purposes of sections 78, 128 and 132 of the Act is Form 2 in the Criminal Procedure Regulations 2005 Schedule 1.

(5)It is sufficient compliance with the Act if a form substantially in compliance with a prescribed form is used.

Table

Section of the Act

Description of form

Form No in Schedule 1

36

Warrant of commitment

1

58

Warrant of commitment until fine is paid

2

59

Warrant of commitment for not paying a fine


3

119A

Warrant of commitment for breach of compensation order


3A

134

Certificate of breach of community order

4

[Regulation 13 amended in Gazette 29 Dec 2000 p. 7920; 29 Aug 2003 p. 3853; 28 Apr 2005 p. 1764.]

 

Schedule 1 — Forms

[reg 13]

1.Warrant of commitment

WESTERN AUSTRALIA

Sentencing Act 1995, s 36

WARRANT OF

COMMITMENT

rSupreme Court

rDistrict Court

rCourt of Summary Jurisdiction

rChildren’s Court

At:

 

To

All police officers and to all persons authorised to exercise a power set out in clause 2 or 3, as the case requires, of Schedule 2 to the Court Security and Custodial Services Act 1999

Chief executive officer under the Prisons Act 1981.

 

Offender

Name:

 

Date of birth:

Reason for issue of warrant

Command

The offender has been sentenced to be imprisoned.

This warrant authorises and commands you to imprison the offender for the term stated below, subject to the Sentencing Act 1995 and the Sentence Administration Act 2003.

 

Offences and sentences

Charge
Indict

No

Date of
offence

Description of offence

Term
imposed

Cumulative
Concurrent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of sentence

 

Date when term is to be taken to have begun

 

 

Total term

 

Parole eligibility order under section 89 of the Sentencing Act 1995

r Yes r No

 

Other orders

If life term imposed, minimum period:

 

Indefinite imprisonment r Yes r No

Sentence
imposed by

Warrant issued by

Name of Judicial Officer:

Signature:
Judicial Officer/Clerk of Arraigns

Date:

[Form 1 amended in Gazette 29 Aug 2003 p. 3853; 31 Dec 2004 p. 7151.]

[Form 1A deleted in Gazette 28 Apr 2005 p. 1765.]

2.Warrant of commitment until fine is paid

WESTERN AUSTRALIA
Sentencing Act 1995, s 58

WARRANT OF COMMITMENT UNTIL FINE IS PAID

rSupreme Court

rDistrict Court

rCourt of Summary Jurisdiction

rChildren’s Court

At:

 

To

All police officers and to all persons authorised to exercise a power set out in clause 2 or 3, as the case requires, of Schedule 2 to the Court Security and Custodial Services Act 1999

Chief executive officer under the Prisons Act 1981.

 

Offender

Name:

Date of birth:

 

Reason for issue of warrant



Command

The offender has been convicted of the offence(s) below and has been fined the amount(s), and ordered to pay the costs, set out below.

In addition, under section 58 of the Sentencing Act 1995, this court ordered that the offender be imprisoned until the total of those amounts is paid, but in any event for not longer than the maximum period stated below.

This warrant authorises and commands you to take the offender into custody and to imprison the offender in accordance with the above order, unless the amount outstanding is sooner paid.

 

Offences

Charge/
Indict No

Date of offence

Description of
offence

Fine

Costs

Period of
Imp’ment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sub‑totals

 

 

 

 

Date of sentence

 

Maximum period of imprisonment

 

 

 

rCumulativerConcurrent

 

Amount outstanding

Total amount to be paid (fines + costs)

$

Less any amount paid

‑ $

Amount outstanding

=$

Revenue: $ Trust: $

 

Warrant
issued by

Signature:

Judicial Officer/Clerk of Arraigns

Date:

Note: The offender must either pay the amount outstanding in full or serve the maximum period of imprisonment in full. Reductions of the maximum period due to part payment are not permitted.


3.Warrant of commitment for not paying a fine

WESTERN AUSTRALIA

Sentencing Act 1995, s 59

WARRANT OF COMMITMENT FOR NOT PAYING A FINE

rSupreme Court

rDistrict Court

At:

 

CWI Warrant No.

 

To

All police officers

Chief executive officer under the Prisons Act 1981.

 

Offender

Name:

Date of birth:

 

Address:

 

 

Reason for issue of warrant

 

 

 

Command

The offender has been convicted of the offence(s) below and has been fined the amount(s) set out below.

In addition, under section 59 of the Sentencing Act 1995, this court ordered that if the offender did not pay the fine by the date set for payment stated below the offender was to be imprisoned.

The offender has not paid the fine as ordered.

This warrant authorises and commands you to arrest the offender and to imprison the offender in accordance with the above order and section 59 of the Sentencing Act 1995.

 

Offences

Charge Indict No

Date of offence

Description of offence

Fine

Period of imprisonment

 

 

 

 

 

 

 

 

 

 

 

 

 

Amount outstanding*

Total fines

$

Less any amount paid

‑$

Amount outstanding

=$

Revenue: $ Trust: $

 

Date of sentence

 

Date set for payment

 

 

Period of imprisonment†

r Set by this court

days

r Determined under s 59(3)

 

r Cumulative r Concurrent

 

Warrant issued by

Signature:

Name:

Official title:

Date:

[Form 3 continued]

Execution

details

 

 

This person arrested on / / at hours

at:

by: Regimental No.

of: police station/division

Signature: Date:

* Under s 59(7) this is to be reduced for every day or part of a day served in custody.

Under s 59(6) this is to be reduced if the amount outstanding is partly paid.

See section 59 for the methods of calculating the reductions.


3A.Warrant of commitment for breach of compensation order

WESTERN AUSTRALIA

Sentencing Act 1995, s. 119A

WARRANT OF COMMITMENT FOR BREACH OF COMPENSATION ORDER

 

rSupreme Court

rDistrict Court

rChildren’s Court

rCourt of summary jurisdiction

At:

 

CWI Warrant No.

 

 

To

All police officers

Chief executive officer under the Prisons Act 1981.

 

 

Offender

Name:

Date of birth:

Address:

 

 

Reason for issue of warrant




 

 

Command

The offender has been ordered to pay compensation in accordance with a compensation order issued under Part 16 Division 2 of the Sentencing Act 1995.

In addition, under section 119A of the Sentencing Act 1995, this court ordered that if the offender did not pay the compensation by the date set for payment stated below the offender was to be imprisoned.

The offender has not paid the compensation as ordered.

This warrant authorises and commands you to arrest and imprison the offender in accordance with the above order and section 119A of the Sentencing Act 1995.

 

 

Amount outstanding

Total compensation ordered

$

Less any amount paid

$

Amount outstanding

=$

 

 

Date of order

 

Date set for payment

 

 

 

Period of imprisonment

Until compensation is paid with maximum period —

rset by this court at days; or

rdetermined under s. 119A(3) to be days

rCumulative rConcurrent

 

 

Warrant issued by

Signature:

Name:

Official title:

Date:

 

 

Execution details

Offender arrested on / / at hours

at:

by: Regimental No.

of:police station/division

Signature: Date:

Under s. 119A(4) service of the term of imprisonment does not reduce or discharge the offender’s liability to pay the compensation ordered.

4.Certificate of breach of community order

WESTERN AUSTRALIA
Sentencing Act 1995, s 134

CERTIFICATE OF BREACH
OF COMMUNITY ORDER

 

Offender

Name:

Date of birth:

 

Address:

 

 

Community order details

Kind of order: r CBO r ISO

 

Date community order imposed

 

 

Term of order

 

 

Order imposed by: court at:

 

Particulars of alleged breach of order

 

 

 

 

 

Certificate

I

certify that the contents of this certificate are true.

 

Signed:

Official position:

[Schedule 1 amended in Gazette 3 Mar 2000 p. 1015; 28 Jul 2000 p. 4012; 29 Dec 2000 p. 7920‑1; 29 Aug 2003 p. 3853‑4; 31 Dec 2004 p. 7151; 28 Apr 2005 p. 1765.]

Schedule 2 — Offences for which CBO may be imposed under s. 44 of the Act

[r. 6AA]

Acts

Aerial Spraying Control Act 1966 s. 6, 9(4)

Bail Act 1982 s. 20(4), 50D(2), 60

Biological Control Act 1986 s. 41, 43

Botanic Gardens and Parks Authority Act 1998 s. 30

Business Names Act 1962 s. 5A(2)

Cattle Industry Compensation Act 1965 s. 37(1)

Cemeteries Act 1986 s. 62

Conservation and Land Management Act 1984 s. 105(1), 106

Conspiracy and Protection of Property Act 1900 s. 6

Co‑operative and Provident Societies Act 1903 s. 36, 55

Credit (Administration) Act 1984 s. 37, 38, 39(4), 39(6)

The Criminal Code s. 95, 97, 105, 106, 108, 110, 111, 151 (summary conviction), 208 (summary conviction), 426(4), 426A(3), 429, 430, 431, 434, 435

Criminal Investigation (Extra‑Territorial Offences) Act 1987 s. 6

Curriculum Council Act 1997 Sch. 1, cl. 16(1)

Dangerous Goods (Transport) Act 1998 s. 19, 29(6)

Debt Collectors Licensing Act 1964 s. 5(2)

Electoral Act 1907 s. 77(4), 188(2), 190 (Fraudulently putting any ballot or other paper into the ballot box. Fraudulently taking any ballot paper out of any polling place. Supplying ballot papers without authority.), 191A(1), 191A(2), 199A(1)

Electricity Corporation Act 1994 Sch. 2 cl. 12(1)

Explosives and Dangerous Goods Act 1961 s. 54A(6)

Family Court Act 1997 s. 243(6)

Fire Brigades Act 1942 s. 33A(12), 59

Fish Resources Management Act 1994 s. 49, 171(1), 196(1)

Freedom of Information Act 1992 s. 82(2), 83, 109, 110

Fuel, Energy and Power Resources Act 1972 s. 49(3)

Gaming and Wagering Commission Act 1987 s. 20(3), 35, 42(4), 45(3), 45(4), 58(4)

Gender Reassignment Act 2000 s. 22(2), 23

Government Railways Act 1904 s. 34(1), 45, 51(2)

Growers Charge Act 1940 s. 6

Guardianship and Administration Act 1990 s. 49(4), 113(1), Sch. 1 Part B cl. 12(6)

Health Act 1911 s. 360(1)(e), 360(1)(f)

Housing Societies Act 1976 s. 29D(9), 79(a)

Juries Act 1957 s. 56B(1), 56C(1), 56D(1)

Justices Act 1902 s. 57(3)

Land Drainage Act 1925 s. 155

Local Courts Act 1904 s. 44(2)

Local Government (Miscellaneous Provisions) Act 1960 s. 474(7), 482(3)

Medical Act 1894 s. 16A(1), 19, 21A(1)

Mental Health Act 1996 s. 206(1), Sch. 2 cl. 13(5), Sch. 2 cl. 16

Nuclear Activities Regulation Act 1978 s. 9(7)

Optometrists Act 1940 s. 42

Plant Diseases Act 1914 s. 34(1)

Poisons Act 1964 s. 49(2)

Police Act 1892 s. 16A(1), 31, 54, 54A(3), 59, 65, 66, 76F(3)(a), 82B(1), 82B(3), 97, 107, 124, 125, 128

Prisons Act 1981 s. 49(2)

Prostitution Act 2000 s. 12 (first offence), 19(1)

Real Estate and Business Agents Act 1978 s. 64(1), 64(2)

Referendums Act 1983 s. 45(1), 48(2), 48(3)

Rights in Water and Irrigation Act 1914 s. 71

Road Traffic Act 1974 s. 90

Rottnest Island Authority Act 1987 s. 32

School Education Act 1999 s. 15, 35, 120(2), 240(3), 242(1)

Stock Diseases (Regulations) Act 1968 s. 16(3)

Street Collections (Regulation) Act 1940 s. 8

Sunday Entertainments Act 1979 s. 3(1)

Swan River Trust Act 1988 s. 64(6)

Transport Co‑ordination Act 1966 s. 49(3)

Travel Agents Act 1985 s. 41(1)

Unclaimed Money Act 1990 s. 22(2)

Water and Rivers Commission Act 1995 Sch. 1 cl. 17(1)

Water Corporation Act 1995 Sch. 2 cl. 12(1)

Zoological Parks Authority Act 2001 s. 31

Subsidiary legislation

Aerial spraying Control Regulations 1971 r. 15

Navigable Waters Regulations r. 40, 53(1)

Aboriginal Movement for Outback Survival (Mt. Margaret Mission) By‑laws bl. 18

Bardi Aborigines Association Inc. By‑laws bl. 16

Beagle Bay Aboriginal Council Inc. By‑laws 1982 bl. 16

Bidyadanga Aboriginal Community La Grange Incorporated By‑laws bl. 16

Cosmo Newberry Aboriginal Corporation By‑laws bl. 16

Jigalong Community Incorporated By‑laws bl. 18

Junjuwa Community Incorporated By‑laws bl. 19

Kalumburu Aboriginal Corporation By‑laws bl. 20

Lombadina Community Incorporated By‑laws 1982 bl. 16

Looma Community Inc. By‑laws bl. 19

Mindibungu Aboriginal Corporation By‑laws bl. 17

Mugarinya Community Association Incorporated By‑laws bl. 19

Ngaanyatjarra Council (Aboriginal Corporation) By‑laws bl. 14

Oombulgurri Association Incorporated By‑laws bl. 18

The Balgo Hills Aboriginal Community Incorporated By‑laws 1982 bl. 16

Upurl Upurlila Ngurratja Incorporated By‑laws bl. 18

Warmun Community (Turkey Creek) Inc. By‑laws bl. 24

Woolah Aboriginal Corporation By‑laws bl. 21

Yungngora Association Inc (Nookunbah) By‑laws bl. 18

[Schedule 2 inserted in Gazette 14 May 2004 p. 1449‑51.]

 

Notes

1This is a compilation of the Sentencing Regulations 1996 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Sentencing Regulations 1996

4 Oct 1996 p. 5281‑96

4 Nov 1996 (see r. 2 and Gazette 25 Oct 1996 p. 5632)

Sentencing Amendment Regulations 2000 Pt. 2

3 Mar 2000 p. 1013‑15

3 Mar 2000

Sentencing Amendment Regulations (No. 4) 2000

28 Jul 2000
p. 4012

28 Jul 2000

Sentencing Amendment Regulations (No. 3) 2000

25 Aug 2000 p. 4906‑7

25 Aug 2000 (see r. 2 and Gazette 25 Aug 2000 p. 4903)

Sentencing Amendment Regulations (No. 2) 2000

29 Dec 2000 p. 7919‑21

8 Jan 2001 (see r. 2 and Gazette 29 Dec 2000 p. 7903)

Reprint of the Sentencing Regulations 1996 as at 3 Sep 2002 (includes amendments listed above)

Sentencing Amendment Regulations 2003

29 Aug 2003 p. 3850‑4

31 Aug 2003 (see r. 2 and Gazette 29 Aug 2003 p. 3833)

Sentencing Amendment Regulations (No. 2) 2004

14 May 2004 p. 1448-51

15 May 2004 (see r. 2 and Gazette 14 May 2004 p. 1445)

Sentencing Amendment Regulations 2004

3 Aug 2004 p. 3125

3 Aug 2004

Sentencing Amendment Regulations (No. 3) 2004

31 Dec 2004 p. 7150‑1

31 Dec 2004

Sentencing Amendment Regulations 2005

28 Apr 2005 p. 1764-5

2 May 2005 (see r. 2)