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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Sentencing Amendment (Adjustment of
Sentences) Bill 2000
A Bill for
An Act to amend the Sentencing Legislation Amendment and Repeal
Act 1999.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Sentencing Amendment
(Adjustment of Sentences) Act 2000.
page 1
10--1
Sentencing Amendment (Adjustment of Sentences) Bill 2000
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Sentencing Legislation
Amendment and Repeal Act 1999*.
[* Act No. 57 of 1999.]
4. Section 15 amended
(1) Section 15(2) is repealed.
10 (2) Section 15(5) is amended as follows:
(a) by deleting "or" after paragraph (b);
(b) by deleting the full stop after paragraph (c) and inserting
instead --
" ; or ";
15 (c) by inserting the following paragraph --
"
(d) the regulations provide that this section does
not apply to a particular sentence of
imprisonment or a particular class of sentence
20 of imprisonment.
".
(3) After section 15(5) the following subsection is inserted --
"
(6) The Governor may make regulations prescribing all
25 matters that are required, necessary or convenient to be
prescribed for the purposes of this section including
assumptions as to --
(a) the length of time that an offender would have
spent in custody had the old provisions been in
30 operation; and
page 2
Sentencing Amendment (Adjustment of Sentences) Bill 2000
s. 5
(b) the length of time that an offender will spend in
custody under the new provisions,
that are to be made by a court for the purposes of
subsection (1) --
5 (c) when sentencing an offender to imprisonment
or to a sentence of suspended imprisonment; or
(d) when dealing with a person under section 80 of
the Sentencing Act 1995.
".
10 5. Section 24A inserted
After section 24 the following section is inserted --
"
24A. Offenders serving sentences of imprisonment
imposed before 4 November 1996
15 (1) In this section --
"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
20 subject to the sentence referred to in section 82, then on
and after commencement section 82 continues to apply
but --
(a) the references to the Sentencing Act 1995 and
the Sentence Administration Act 1995 are to be
25 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
30 whom section 83 of the 1995 Act applies is in custody
subject to the sentence referred to in section 83, then on
page 3
Sentencing Amendment (Adjustment of Sentences) Bill 2000
s. 5
and after commencement section 83, other than
paragraphs (a) and (c), continues to apply but --
(a) any release of the person on parole in respect of
the sentence is to be by means of a parole order
5 (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
10 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
15 but --
(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
20 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
25 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 --
(a) any release of the person on parole in respect of
the sentence is to be by means of a parole order
30 (supervised) made by the Governor under
Part 3 Division 7 of the Sentence
Administration Act 1999;
page 4
Sentencing Amendment (Adjustment of Sentences) Bill 2000
s. 5
(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
5 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
10 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 --
(a) any release of the person on parole in respect of
the sentence is to be by means of a parole order
15 (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
20 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).
25 (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
30 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),
page 5
Sentencing Amendment (Adjustment of Sentences) Bill 2000
s. 5
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.
5 (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
10 section 91(1), continues to apply but --
(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
15 Administration Act 1999;
(b) the parole period for the parole order
(supervised) is that provided by section 26(3) of
the Sentence Administration Act 1999; and
(c) Part 3 Divisions 8 to 12 and Parts 4, 6 and 8 to
20 12 of the Sentence Administration Act 1999
apply to and in respect of the person and the
parole order (supervised).
".
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