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This is a Bill, not an Act. For current law, see the Acts databases.
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Crimes (Sentencing) Amendment Bill 2014
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Crimes (Sentencing) Amendment Act 2014
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
Note This Act also amends the following legislation (see sch 1):
•
•
•
•
.
4 Imprisonment
Section 10
(3), examples for par (b), except notes
substitute
Example—par (b)
release on parole under the Crimes (Sentence Administration) Act 2005
5 Periodic detention
Section
11 (2) and (3)
substitute
(2) The court may order that the sentence of imprisonment be served by periodic detention.
Note Periodic detention may be part of a combination sentence together with other sentencing options (see pt 3.6). However, periodic detention must not be combined with full-time detention (see s 29 (1) (a)).
(3) The periodic detention must be for a period of at least 3 months and must end before 1 July 2016.
6 Combination sentences—offences
punishable by imprisonment
Section 29 (1) (a), except note
substitute
(a) an order sentencing the offender to imprisonment (as full-time detention or periodic detention, but not a combination of these kinds of imprisonment);
7 Section 29 (1), example 2, 1st dot point
omit
2 years
substitute
3 years
8 Section 29 (1), example 2, 2nd dot point
omit
9 Application—pt
5.2
Section 64 (2), new note
insert
Note Subsection (2) has application to sentences of imprisonment imposed before the Crimes (Sentencing) Amendment Act 2014 commenced. Under amendments made by that Act, an order sentencing an offender to imprisonment cannot combine full-time detention and periodic detention.
10 Imprisonment—official notice
of sentence
Section 84 (2) (c)
substitute
(c) whether the sentence is to be served as full-time detention or periodic detention;
insert
Chapter 12 Transitional—Crimes (Sentencing) Amendment Act 2014
204 Application of amendments
(1) The amendments of this Act made by the Crimes (Sentencing) Amendment Act 2014 apply to the sentencing of an offender for an offence if the offender is sentenced for the offence on or after the commencement day.
(2) In this section:
commencement day means the day the Crimes (Sentencing) Amendment Act 2014, section 3 commences.
sentence includes re-sentence.
205 Expiry—ch 12
This chapter expires on 1 July 2016.
Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 Crimes (Child Sex Offenders) Act 2005
[1.1] Section 83 (b), example and note
omit
Part 1.2 Crimes (Sentence Administration) Act 2005
omit
all or part of
omit
all or part of
omit
all or part of
[1.5] Section 71A (2), definition of sentence of imprisonment
omit
of the sentence
Part 1.4 Spent Convictions Act 2000
[1.6] Section 11 (3), definition of sentence of imprisonment, paragraph (a)
omit
a period of
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 30 October 2014.
2 Notification
Notified under the
on 2014.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2014
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