Transitional provisions
Schedule 1 Transitional provisions
[s. 740]
[Heading inserted: No. 29 of 2008 s. 17.]
1. Terms used
In this Schedule —
amendment Act means the Criminal Law Amendment (Homicide) Act 2008;
commencement means the day on which the amendment Act, other than Part 1, comes into operation.
[Clause 1 inserted: No. 29 of 2008 s. 17.]
2. Acts or omissions committed before 1 Aug 2008
In this clause —
unamended Code means this Code as if it had not been amended by the amendment Act.
Despite section 11, if a person does an act or makes an omission before commencement that is an element of or constitutes an offence under the unamended Code, then after commencement this Code applies to and in respect of the person and the act or omission as if it had not been amended by the amendment Act.
Despite subclause (2) and the Sentencing Act 1995 section 10, if —
a person is convicted of murder or wilful murder under the unamended Code before commencement but is not sentenced for the offence before commencement; or
a person is convicted of murder or wilful murder under the unamended Code as it applies under subclause (2),
the person must be sentenced under section 279(4) to (6) as inserted by the amendment Act as if he or she had been convicted of murder under section 279(1) as inserted by that Act.
[Clause 2 inserted: No. 29 of 2008 s. 17.]
3. Offenders serving life term at 1 Aug 2008
If immediately before commencement a person is serving a sentence of life imprisonment for an offence other than murder or wilful murder, the person is eligible to be released on parole when he or she has served 7 years of the sentence.
If immediately before commencement a person is serving a sentence of life imprisonment for murder or wilful murder in respect of which a minimum period was set under the Sentencing Act 1995 section 90 as it was before commencement, the person must not be released before he or she has served that minimum period.
If immediately before commencement a person is serving a sentence of strict security life imprisonment in respect of which a minimum period was set under the Sentencing Act 1995 section 91(1) as it was before commencement, the person must not be released before he or she has served that minimum period.
If immediately before commencement a person is serving a sentence of strict security life imprisonment in respect of which an order was made under the Sentencing Act 1995 section 91(3) as it was before commencement, the person must not be released on parole.
Any order for the release of a person to whom this clause applies must be made in accordance with the Sentence Administration Act 2003 Part 3.
If immediately before commencement a person is serving a sentence of strict security life imprisonment, any order made after commencement in relation to the person in the exercise of the Royal Prerogative of Mercy is subject to the Sentencing Act 1995 section 142 as it was immediately before commencement.
[Clause 3 inserted: No. 29 of 2008 s. 17; amended: No. 45 of 2016 s. 17.]
4. Transitional provisions for Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021
In this clause —
transitional period means the period —
beginning on the day on which the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 section 9 comes into operation; and
ending on the day on which the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 section 67 comes into operation.
A police officer cannot give a warning under section 557K(4) of this Code during the transitional period.
If an unlawful consorting notice, as defined in the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 section 3, is issued during the transitional period in respect of a person to whom a warning has been given under section 557K(4) of this Code, the warning ceases to have effect for the purposes of section 557K(4).
[Clause 4 inserted: No. 25 of 2021 s. 68.]
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