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1M Under the Cross-border Justice Act 2008 section 14, in order to give effect to that Act, this Act must be applied with the modifications prescribed by the Cross‑border Justice Regulations 2009 Part 3 Division 20 as if this Act had been altered in that way. If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified by the superscript 1M appearing after the defined term.
1 The Sentencing Legislation Amendment and Repeal Act 2003 Pt. 2 Div. 4 commenced 31 Aug 2003 (see Gazette 29 Aug 2003 p. 3833).
2 Repealed by the Sentencing Legislation Amendment and Repeal Act 2003.
3 Repealed by the Sentencing (Consequential Provisions) Act 1995.
4 Section 60 of the Censorship Act 1996, which is now known as the Classification (Publications, Films and Computer Games) Enforcement Act 1996, was deleted by the Child Pornography and Exploitation Material and Classification Legislation Amendment Act 2010 s. 9.
5 The Sentencing Legislation Amendment and Repeal Act 2003 Pt. 6 requires a review of certain provisions. It was deleted by the Parole and Sentencing Legislation Amendment Act 2006 s. 94 (commenced on 28 Jan 2007, see s. 2 and Gazette 29 Dec 2006 p. 5867).
6 The Parole and Sentencing Legislation Amendment Act 2006 Pt. 7 reads as follows:
Part 7 — Transitional provisions
98. Arrangements for CEO parole orders
In this section —
amended provisions means the Sentence Administration Act 2003 Part 3 Divisions 4 and 7 to 10 as amended by this Act;
commencement means the coming into operation of section 20;
former provisions means the Sentence Administration Act 2003 Part 3 Division 4 as enacted before being amended by this Act;
prescribed period means the period ending 2 months after the day of the commencement,
and other terms used have the same meanings as they have in the amended provisions.
If immediately before the commencement a person is subject to a parole order made by the CEO under the former provisions, then on and after the commencement the amended provisions apply to and in respect of that person and that parole order as if the parole order had been made by the Board.
Despite anything in the amended provisions, during the prescribed period the CEO may exercise —
the power conferred on the Board by section 23 of the amended provisions; and
the powers conferred on the Board by the amended provisions in relation to a parole order made under section 23 of the former provisions or section 23 of the amended provisions.
A power exercised under subsection (3) is to be regarded as having been exercised by the Board.
99. Arrangements for RROs
In this section —
amended provisions means the Sentence Administration Act 2003 Part 4 as amended by this Act;
commencement means the coming into operation of section 41;
former provisions means the Sentence Administration Act 2003 Part 4 as enacted before being amended by this Act,
and other terms used have the same meanings as they have in the amended provisions.
If immediately before the commencement a person is subject to an RRO made under the former provisions, then on and after the commencement the former provisions continue to apply to and in respect of that person and that order.
Despite section 50 of the amended provisions, a prisoner serving a parole term imposed before the commencement may apply under the amended provisions to be released under an RRO.
An application mentioned in subsection (3) is to be dealt with in accordance with the amended provisions but, if the RRO is made —
sections 54(3)(b) and 60 of the former provisions apply in respect of it and the making of it; and
section 54(3)(b) of the amended provisions does not apply in respect of it.
100. Arrangements for members of existing Parole Board
In this section —
commencement means the coming into operation of section 57;
Parole Board means the Board as established under section 103 as enacted before the commencement;
Prisoners Review Board means the Board to be established under section 103 as it is set out in section 57;
section 103 means the Sentence Administration Act 2003 section 103.
The person holding office as the judicial member of the Parole Board immediately before the commencement is to hold office as the chairperson of the Prisoners Review Board for the remainder of the period for which the person was appointed as the judicial member.
Immediately before the commencement the office of any person, other than the judicial member, who is then a member of, acting member of, or deputy of a member of, the Parole Board becomes vacant.
Subsection (3) does not prevent a person mentioned in that subsection from being nominated, being appointed, or holding office, as a member of the Prisoners Review Board.
7 The Family Violence Legislation Reform Act 2020 s. 37 will not come into operation as the Schedule it sought to amend has been deleted by the High Risk Serious Offenders Act 2020 s. 116.
This provision refers to the regulations (prescribed period
). Made under this Act:
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