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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Crimes Amendment (Remissions of
Sentences) Bill 2021
No. , 2021
(Attorney-General)
A Bill for an Act to amend the
Crimes Act 1914
, and
for related purposes
No. , 2021
Crimes Amendment (Remissions of Sentences) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Crimes Act 1914
3
No. , 2021
Crimes Amendment (Remissions of Sentences) Bill 2021
1
A Bill for an Act to amend the
Crimes Act 1914
, and
1
for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Crimes Amendment (Remissions of Sentences) Act
5
2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Crimes Amendment (Remissions of Sentences) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2021
Crimes Amendment (Remissions of Sentences) Bill 2021
3
Schedule 1--Amendments
1
2
Crimes Act 1914
3
1 Subsection 16(1) (subparagraph (b)(i) of the definition of
4
licence period
)
5
Omit "(after deducting any remission or reduction that is applicable)".
6
2 Section 19AA
7
Repeal the section.
8
3 Paragraph 19AB(3)(b)
9
Omit ", as reduced by any remissions or reductions under
10
section 19AA".
11
4 Paragraph 19AC(4)(b)
12
Omit ", as reduced by any remissions or reductions under
13
section 19AA".
14
5 Section 19AF (heading)
15
Omit "
remitted
".
16
6 Subsection 19AF(1)
17
Omit ", as reduced by any remissions or reductions under
18
section 19AA".
19
7 Paragraph 19AMA(3)(a)
20
Omit "(after deducting any remission or reduction that is applicable)".
21
8 Paragraph 19AR(4)(b)
22
Omit ", as reduced by any remissions or reductions under
23
section 19AA".
24
9 Paragraph 19AW(1)(f)
25
Omit "subsection (3)", substitute "subsections (3) and (3A)".
26
Schedule 1
Amendments
4
Crimes Amendment (Remissions of Sentences) Bill 2021
No. , 2021
10 After subsection 19AW(3)
1
Insert:
2
(3A) Before fixing a non-parole period under paragraph (1)(f) in respect
3
of the outstanding sentence or sentences, the prescribed authority
4
must have regard to the period of time spent by the person on
5
parole or licence before the parole order or licence was revoked
6
under subsection 19AU(1).
7
11 Application provisions
8
Scope
9
(1)
This item applies if, immediately before the commencement of this
10
item:
11
(a) a person had served, or was serving, a federal sentence in a
12
prison of a State or Territory; and
13
(b) a law of the State or Territory provides, or provided, for the
14
remission or reduction (however described) of State or
15
Territory sentences being served in a prison of the State or
16
Territory; and
17
(c) as a result of:
18
(i) the law mentioned in paragraph (b); and
19
(ii) subsection 19AA(1) of the
Crimes Act 1914
(as in force
20
immediately before the commencement of this item);
21
there was a remission or reduction (the
pre-commencement
22
remission or reduction
) of the federal sentence.
23
Application
--federal sentences that had been served before
24
commencement
25
(2)
If, before the commencement of this item, the person had served the
26
federal sentence, then, despite the amendments of Part IB of the
Crimes
27
Act 1914
made by this Schedule, that Part continues to apply, in relation
28
to the pre-commencement remission or reduction of the federal
29
sentence, as if those amendments had not been made.
30
Amendments
Schedule 1
No. , 2021
Crimes Amendment (Remissions of Sentences) Bill 2021
5
Application
--federal sentences that were being served
1
immediately before commencement (laws of a kind mentioned in
2
subsection 19AA(2) of the Crimes Act 1914)
3
(3)
If, immediately before the commencement of this item:
4
(a) the person was serving the federal sentence; and
5
(b) the law mentioned in paragraph (1)(b) is, or was, a law of a
6
kind mentioned in subsection 19AA(2) of the
Crimes Act
7
1914
(as in force immediately before the commencement of
8
this item);
9
then, despite the amendments of Part IB of the
Crimes Act 1914
made
10
by this Schedule, that Part continues to apply, in relation to the
11
pre-commencement remission or reduction of the federal sentence, as if
12
those amendments had not been made.
13
Application
--federal sentences that were being served
14
immediately before commencement (laws of a kind not
15
mentioned in subsection 19AA(2) of the Crimes Act 1914)
16
(4)
If, immediately before the commencement of this item:
17
(a) the person was serving the federal sentence; and
18
(b) the law mentioned in paragraph (1)(b) is not, or was not, a
19
law of a kind mentioned in subsection 19AA(2) of the
20
Crimes Act 1914
(as in force immediately before the
21
commencement of this item);
22
then:
23
(c) the amendments of Part IB of the
Crimes Act 1914
made by
24
this Schedule apply in relation to the pre-commencement
25
remission or reduction of the federal sentence; and
26
(d) the pre-commencement remission or reduction of the federal
27
sentence is taken to be of no effect.
28