Other notes
Other notes Other notes
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 21 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.
2M The COVID‑19 Response and Economic Recovery Omnibus Act 2020 Part 4 Division 4 Subdivision 1 modifies sections 14, 14B and 34 of the Act. The modified sections are identified by the superscript 2M appearing after the section numbers. The modification ceases on 31 December 2021 unless postponed under sections 46(3) and 52 of that Act.
1 Repealed by the Sentencing Legislation Amendment and Repeal Act 2003.
2 The Land Drainage Act 1925 and the Water Boards Act 1904 were repealed by the Water Services Legislation Amendment and Repeal Act 2012.
3 The amendments in the Sentencing Amendment Act 2000 Pt. 2 Div. 1 had not come into operation when it was deleted by the Sentencing Legislation Amendment and Repeal Act 2003 s. 32.
4 The Sentencing Act 1995 s. 19 and Pt. 12 did not come into operation and were deleted by the Criminal Law Amendment Act (No. 2) 1998 s. 17 and 18.
5 The Sentencing Legislation Amendment and Repeal Act 1999 Pt. 2 Div. 3 (s. 14‑26) are transitional provisions. They did not come into operation before the Act was repealed by the Sentencing Legislation Amendment and Repeal Act 2003 s. 31.
6 The Sentencing Amendment (Adjustment of Sentences) Act 2000 s. 4-6 commenced 7 Dec 2000.
7 The Sentencing Legislation Amendment and Repeal Act 2003 s. 22 and Sch. 1 (which was amended by No. 5 of 2008 s. 109 8 and No. 49 of 2008 s. 3‑5 9) read as follows:
22. Transitional provisions
Schedule 1 has effect in relation to the amendments effected by this Division.
Schedule 1 — Transitional provisions
[s. 22 and 29(2)]
1. Interpretation
In this Schedule —
commencement means the commencement of section 22;
new provisions means —
the Sentencing Act 1995 as amended by the sentencing amendments; and
the Sentence Administration Act 2003;
old provisions means the Sentencing Act 1995, and the repealed Act, as they would have applied had the sentencing amendments not come into operation;
repealed Act means the Sentence Administration Act 1995;
sentencing amendments means the amendments to the Sentencing Act 1995 effected by Part 2 Division 4 and the repeal of the Sentence Administration Act 1995 effected by section 29(1).
In this Schedule, words and expressions have the same meanings as they have in the Sentencing Act 1995 and in particular, in Part 13 of that Act.
[2. Deleted: No. 49 of 2008 s. 3.]
[3A. As inserted: No. 49 of 2008 s. 4, expired 14 Jan 2012 (see cl. 3A(5).]
3. Application of Interpretation Act 1984 s. 36
Section 36 of the Interpretation Act 1984 applies as if the Sentence Administration Act 1995 had been repealed and re‑enacted by the Sentence Administration Act 2003.
4. Community orders imposed before commencement
If immediately before commencement —
a community based order, or an intensive supervision order, made under the Sentencing Act 1995 is in force; or
a WDO made under Part 4 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 is in force,
then on and after commencement —
the Sentence Administration Act 2003 applies to and in respect of the order; and
the reference in the order to section 76 of the Sentence Administration Act 1995 is to be taken to be a reference to section 76 of the Sentence Administration Act 2003.
5. Sentences of imprisonment imposed before commencement
If immediately before commencement a person is subject to a fixed term that is not a parole term and to which the old provisions apply, then on and after commencement the old provisions continue to apply to that term and to the release of the person in respect of that term.
If immediately before commencement a person is subject to a parole term to which the old provisions apply, then on and after commencement —
the old provisions apply for the purpose of calculating —
when the person is eligible to be released on parole;
the parole period for the person; and
when the person is discharged from the sentence and must be released;
the new provisions apply for the purpose of determining whether the person is to be released on parole;
if the person is to be released on parole, the release is to be by means of a parole order made under Part 3 of the Sentence Administration Act 2003 and for that purpose —
the parole period in the order is to be the parole period calculated under the old provisions; and
the supervised period for the order is to be the same as the parole period;
and
if the person is released on parole, the Sentence Administration Act 2003 applies to and in respect of the person and the order except to the extent that paragraph (a) or (c) provides otherwise.
If immediately before commencement a person is in custody serving a life term to which the old provisions apply, then on and after commencement the new provisions apply to that term.
If immediately before commencement a person is in custody serving indefinite imprisonment, then on and after commencement the new provisions apply in respect of that person.
If immediately before commencement a person is detained in strict or safe custody during the Governor’s pleasure under an order made under section 282 of The Criminal Code, then on and after commencement the new provisions apply in respect of that person.
5A. Minister may discharge certain prisoners from old parole terms
In this clause —
discharge means a discharge given under subclause (5);
Minister means the Minister administering Part 8 of the Sentence Administration Act 2003;
old parole term means a parole term to which the old provisions apply.
This clause does not affect the operation of section 95(2) of the Sentencing Act 1995 as it was before the sentencing amendments.
The Prisoners Review Board established under the Sentence Administration Act 2003 may at any time give the Minister a report recommending that a person who is subject to an old parole term and who has served two thirds of the term be discharged from the term.
Any such report must deal with the release considerations (as that term is defined in section 5A of the Sentence Administration Act 2003) relating to the person.
If the Minister, after considering such a report, is satisfied —
that the person has served two thirds of the term; and
after taking into account —
the release considerations in the report relating to the person; and
section 5B of the Sentence Administration Act 2003,
that the person ought to be discharged from the term despite the old provisions,
the Minister, in writing, may discharge the person from the term.
A discharge —
has effect on the date of the discharge or on any later date specified in it; and
has effect despite the old provisions.
If, on the date a discharge has effect in relation to a person who is subject to an old parole term, the person is in custody, the person must be released in respect of that term.
If, on the date a discharge has effect in relation to a person who is subject to an old parole term, the person is subject to a parole order made in respect of that term, the person ceases to be subject to the parole order in so far as it applies in respect of that term.
[Clause 5A inserted: No. 5 of 2008 s. 109.]
6. Early release orders made before commencement
If immediately before commencement a person is subject to a parole order, a home detention order, or a work release order, made under the repealed Act, then on and after commencement the repealed Act continues to apply to and in respect of that order.
7. WROs
If immediately before commencement a person is subject to a sentence of imprisonment to which the old provisions apply, then on or after commencement —
subject to Part 4 of the repealed Act, a work release order may be made in respect of the person; and
Parts 4, 6, 7 and 8 of the repealed Act continue to operate for those purposes and in respect of any such order.
8. HDOs
If immediately before commencement a person is subject to a sentence of imprisonment of less than 12 months to which the old provisions apply, then on or after commencement —
subject to Part 5 of the repealed Act, a home detention order may be made in respect of the person; and
Parts 5, 6, 7 and 8 of the repealed Act continue to operate for those purposes and in respect of any such order.
9. Warrants in force at commencement
A warrant issued under the repealed Act and in force immediately before commencement remains in force despite the repeal of the repealed Act.
10. Community corrections centres
If a place is a community corrections centre under section 84 of the repealed Act immediately before commencement, then on and after commencement the place continues as a community corrections centre as if it had been declared by a notice under section 84(1) of the Sentence Administration Act 2003.
An order under section 84(1) of the repealed Act may be amended or cancelled by the Minister.
11. CEO’s instructions for community corrections centres
If rules made under section 86 of the repealed Act are in force immediately before commencement, then on and after commencement the rules are to be taken to be written instructions issued under section 86 of the Sentence Administration Act 2003 until written instructions are issued under that section.
When written instructions are issued under section 86 of the Sentence Administration Act 2003 a reference in the repealed Act to rules made under section 86 of the repealed Act is to be taken to be a reference to those written instructions.
12. Parole Board’s report
The Board’s annual report made under section 112 of the Sentence Administration Act 2003 must report on the operation of the repealed Act to the extent that it continues to operate by virtue of this Schedule and the Interpretation Act 1984.
13. Offenders serving imprisonment imposed before 4 November 1996
In this clause —
1995 Act means the Sentencing (Consequential Provisions) Act 1995.
If immediately before commencement a person to whom section 82 of the 1995 Act applies is in custody subject to the sentence referred to in section 82, then on and after commencement section 82 continues to apply but —
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 not come into operation; and
clause 7 of this Schedule applies to the person.
If immediately before commencement a person to whom section 83 of the 1995 Act applies is in custody subject to the sentence referred to in section 83, then on and after commencement section 83, other than paragraphs (a) and (c), continues to apply but —
any release of the person on parole in respect of the sentence is to be by means of a parole order made under Part 3 of the Sentence Administration Act 2003; and
Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence Administration Act 2003 apply to and in respect of the person and the parole order.
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 but —
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 not come into operation; and
clauses 5(2) and 7 of this Schedule apply to the person.
If immediately before commencement a person to whom section 86 of the 1995 Act applies is in custody 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 —
any release of the person on parole in respect of the sentence is to be by means of a parole order made by the Governor under Part 3 of the Sentence Administration Act 2003;
the parole period for the parole order is that provided by section 25(3) of the Sentence Administration Act 2003; and
Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence Administration Act 2003 apply to and in respect of the person and the parole order.
If immediately before commencement a person to whom section 87 of the 1995 Act applies is in custody 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 —
any release of the person on parole in respect of the sentence is to be by means of a parole order made by the Governor under Part 3 of the Sentence Administration Act 2003;
the parole period for the parole order is that provided by section 26(3) of the Sentence Administration Act 2003; and
Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence Administration Act 2003 apply to and in respect of the person and the parole order.
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 Administration Act 1995 is to be read as a reference to the Sentence Administration Act 2003.
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), 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 2003.
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 section 91(1), continues to apply but —
any release of the person on parole in respect of the sentence is to be by means of a parole order made by the Governor under Part 3 of the Sentence Administration Act 2003;
the parole period for the parole order is that provided by section 27(3) of the Sentence Administration Act 2003; and
Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence Administration Act 2003 apply to and in respect of the person and the parole order.
[14. Deleted: No. 49 of 2008 s. 5.]
8 The Acts Amendment (Justice) Act 2008 s. 109 commenced 30 Sep 2008.
9 The Sentencing Legislation (Transitional Provisions) Amendment Act 2008 s. 3‑5 commenced 14 Jan 2009.
10 The amendments in the Sentencing Legislation Amendment Act 2004 s. 6(4) erroneously referred to “73(3) and (5)” instead of “75(3) and (5)” when identifying the required amendments to be made to s. 33N(3).
11 The Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 59, which purported to replace s. 84E, could not be included because s. 84E was not in operation when s. 59 came into operation. Section 59 was subsequently deleted by the Parole and Sentencing Legislation Amendment Act 2006 s. 74(2) 13.
12 The amendments in the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 65 that purported to amend s. 84P(3) could not be included because s. 84P(3) was not in operation when s. 65 came into operation. Those amendments were subsequently deleted by the Parole and Sentencing Legislation Amendment Act 2006 s. 75(2) 13.
13 The Parole and Sentencing Legislation Amendment Act 2006 s. 74(2) and 75(2) commenced 22 Sep 2006.
14 The Criminal Code Amendment (Unlawful Possession) Act 2014 s. 8(2) had not come into operation when it was deleted by the Statutes (Minor Amendments Act 2017 s. 4(2).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.