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This is a Bill, not an Act. For current law, see the Acts databases.


SENTENCING AMENDMENT BILL 2014

                    Western Australia


     Sentencing Amendment Bill 2014

                        Contents

1.    Short title                                               2
2.    Commencement                                              2
3.    Act amended                                               2
4.    Section 85 amended                                        2
5.    Section 93 amended                                        3
6.    Section 94A inserted                                      3
      94A.     Release on parole of prisoners subject to
               Prisoners (Interstate Transfer) Act 1983    3




                         88--1                                  page i
                           Western Australia


                      LEGISLATIVE COUNCIL


           Sentencing Amendment Bill 2014

                               A Bill for


An Act to amend the Sentencing Act 1995.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Sentencing Amendment Bill 2014



     s. 1




1    1.         Short title
2               This is the Sentencing Amendment Act 2014.

3    2.         Commencement
4               This Act comes into operation as follows --
5                (a) sections 1 and 2 -- on the day on which this Act
6                      receives the Royal Assent;
7                (b) the rest of the Act -- on the day after that day.

8    3.         Act amended
9               This Act amends the Sentencing Act 1995.

10   4.         Section 85 amended
11        (1)   In section 85(1) delete the definition of parole term.
12        (2)   In section 85(1) insert in alphabetical order:
13

14                    parole term means --
15                      (a) a term to which a parole eligibility order
16                            applies; or
17                      (b) a translated sentence in respect of which a
18                            minimum term of imprisonment is deemed to
19                            have been fixed under the Prisoners (Interstate
20                            Transfer) Act 1983 section 26(1);
21                    translated sentence has the meaning given in the
22                    Prisoners (Interstate Transfer) Act 1983 section 3(1).
23

24        (3)   In section 85(1) in the definition of term paragraph (b) delete
25              "imprisonment." and insert:
26

27              imprisonment;
28



     page 2
                                             Sentencing Amendment Bill 2014



                                                                                s. 5



1    5.     Section 93 amended
2           In section 93(1) delete " sections" and insert:
3

4           sections 94A,
5


6    6.     Section 94A inserted
7           After section 93 insert:
8


9         94A.    Release on parole of prisoners subject to Prisoners
10                (Interstate Transfer) Act 1983
11          (1)   Despite section 93(1), a prisoner serving a parole term
12                that is a translated sentence is eligible to be released on
13                parole when the prisoner has served the minimum term
14                of imprisonment deemed under the Prisoners
15                (Interstate Transfer) Act 1983 section 26(1) to have
16                been fixed in respect of the sentence.
17          (2)   For the purposes of the application of the Sentence
18                Administration Act 2003 to the prisoner, a reference in
19                that Act to eligibility to be released on parole under
20                section 93(1) is to be taken to be a reference to
21                eligibility to be released on parole under subsection (1).
22


23




 


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