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SENTENCING AMENDMENT (COMMUNITY CORRECTION REFORM) ACT 2011 (NO. 65
OF 2011)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
PART 2--AMENDMENT OF THE SENTENCING ACT 1991
3. Definitions
4. Sentencing guidelines
5. Sentences
6. Conviction or non-conviction
7. New Divisions inserted in Part 3
8. Fixing of non-parole period otherwise than by sentencing court
9. Time held in custody before trial etc. to be deducted from sentence
10. Sentencing hearing
11. Court may order reports
12. Subdivision (1B) of Division 2 of Part 3 repealed
13. Repeal of references to certain orders
14. Drug Court to hear and determine certain offences
15. Subdivision (2) of Division 2 of Part 3 repealed
16. Suspended sentence of imprisonment
17. Effect of suspended sentence
18. Consequential repeal of breach procedure for suspended sentences
19. Time held in custody before trial etc. to be deducted from sentence
20. Heading to Division 3 of Part 3 repealed
21. Sections 36 to 48 substituted
22. Heading to Division 4 of Part 3 substituted
23. Application for fine conversion order
24. Enforcement of fines against natural persons
25. Insertion of new section 62A
26. Hours of unpaid work
27. Insertion of new section 63A
28. Heading to Division 5 of Part 3 substituted
29. Release on adjournment following conviction
30. Release on adjournment without conviction
31. Heading to Subdivision (4) of Division 5 to Part 3
32. Variation of order for release on adjournment
33. Section 79 repealed
34. Heading to Division 6 of Part 3 substituted
35. Section 80 substituted
36. Review of justice plan by Secretary
37. Section 82 amended
38. Review of justice plan condition by sentencing court
39. New section 82AA inserted
40. Review of residential treatment order by sentencing court
41. Heading to Division 7 of Part 3 substituted
42. Deferral of sentencing
43. New Part 3C inserted
44. Heading amended
45. Division 1A of Part 6 repealed
Division 1A--of Part 6 of the Sentencing Act 1991 is repealed.
46. Division 2 of Part 6 repealed
Division 2--of Part 6 of the Sentencing Act 1991 is repealed.
47. Division 2A of Part 6 repealed
Division 2A--of Part 6 of the Sentencing Act 1991 is repealed.
48. Penalty scale
49. New sections inserted
50. Heading to Part 11 substituted
51. Regulations
52. New section 116A inserted
53. Transitional provision—Sentencing Amendment Act 2010
54. New Schedule 3 inserted
PART 3--FURTHER AMENDMENT OF THE SENTENCING ACT 1991
55. Definitions
56. Unpaid community work condition
57. Curfew condition
58. Bond condition
59. Powers of the court on finding of guilt for contravention of community correction order
60. New Division 3 of Part 3C inserted
61. Heading to Division 3 of Part 4 substituted
62. Interpretation
63. Section 88 substituted
64. Driver licence or learner permit—suspension, cancellation, disqualification
65. New sections inserted after section 89
66. Amendment of section 89A
67. Substitution of sections 89B to 89D
68. New section inserted
69. New sections inserted after heading to Part 11
70. New Part 3 to Schedule 3 inserted
PART 4--AMENDMENT OF THE SENTENCING AMENDMENT ACT 2010
71. Definitions
72. Sentencing guidelines
73. Sentences
74. Repeal of reference to intensive correction order
75. Repeal of Subdivision 1B of Division 2 of Part 3
76. Repeal of references to certain orders
77. Drug Court to hear and determine certain offences
78. Repeal of Subdivision 2 of Division 2 of Part 3
79. Time for bringing proceeding for contravention of home detention order
80. Insertion of new Division 2A of Part 3
81. Community-based order in addition to term of imprisonment
82. Insertion of heading to section 39
83. Unpaid community work condition
84. Section 46 substituted
85. Powers of court on determination of contravention proceeding
86. Time for bringing proceeding for contravention of community-based order
87. New heading to section 48
88. Pre-sentence reports
89. Drug and alcohol reports
90. Drug and alcohol pre-release reports
91. Penalty scale
92. Regulations
PART 5--AMENDMENT OF OTHER ACTS
93. Procedural requirements for apprehended etc. person—Family Violence Protection Act 2008
94. Application for family violence safety notice
95. New section inserted after section 175 in Family Violence Protection Act 2008
96. Concurrency of periods of suspension—Infringements Act 2006
97. Cumulative periods of work—Infringements Act 2006
98. Powers of the Court—Infringements Act 2006
99. Repeal of unproclaimed amendments—Justice Legislation Amendment Act 2010
100. New section inserted after section 130 of the Personal Safety Intervention Orders Act 2010
101. Driver licences and learner permits—Road Safety Act 1986
102. Disqualified person must not apply for licence or permit—Road Safety Act 1986
103. Cancellation of approval of types of alcohol interlocks—Road Safety Act 1986
104. Cancellation of approval of alcohol interlock supplier—Road Safety Act 1986
105. Zero blood or breath alcohol—Road Safety Act 1986
106. Duty to produce licence—Road Safety Act 1986
PART 6--CONSEQUENTIAL AND OTHER AMENDMENTS
107. Consequential and other amendments
PART 7--REPEAL OF AMENDING ACT
108. Repeal of amending Act
SCHEDULE
ENDNOTES
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