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CRIMES (HIGH RISK OFFENDERS) ACT 2006 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Application of Act to past offences

This Act applies to and in respect of offences committed before the date of assent to this Act in the same way as it applies to and in respect of offences committed after that date.

3 Application of Act to persons serving existing sentences of imprisonment

This Act applies to and in respect of a person who is serving a sentence of imprisonment that commenced before the date of assent to this Act in the same way as it applies to and in respect of a person who is serving a sentence of imprisonment that commences after that date.

Part 3 - Provisions consequent on enactment of Law Enforcement and Other Legislation Amendment Act 2007

4 Definition

In this Part--

"2007 amending Act" means the Law Enforcement and Other Legislation Amendment Act 2007 .

5 Application of 2007 amending Act

(1) The amendments made to this Act by the 2007 amending Act apply to and in respect of offences committed before the commencement of this clause in the same way as they apply to and in respect of offences committed on or after that commencement.
(2) This Act, as amended by the 2007 amending Act, applies to and in respect of a person who is subject to an order under this Act, that commenced before the commencement of this clause in the same way as it applies to and in respect of a person who is made subject to an order under this Act after that commencement.

Part 4 - Provision consequent on enactment of Courts and Crimes Legislation Amendment Act 2008

6 Application of amendment

Section 5 (1) (a1), as inserted by Schedule 9 [1] to the Courts and Crimes Legislation Amendment Act 2008 , applies to and in respect of offences committed before the commencement of that amendment in the same way as it applies to and in respect of offences committed after that commencement.

Part 5 - Provisions consequent on enactment of Crimes (Serious Sex Offenders) Amendment Act 2010

7 Definition

In this Part--

"2010 amending Act" means the Crimes (Serious Sex Offenders) Amendment Act 2010 .

8 Application of 2010 amending Act

(1) The amendments made to this Act by the 2010 amending Act apply to and in respect of offences committed before the commencement of this clause in the same way as they apply to and in respect of offences committed on or after that commencement.
(2) This Act, as amended by the 2010 amending Act, applies to and in respect of a person who is subject to an order under this Act that commenced before the commencement of this clause in the same way as it applies to and in respect of a person who is made subject to an order under this Act after that commencement.

Part 6 - Provision consequent on enactment of Crimes Legislation Amendment Act 2012

9 Application of amendment

The amendment made to section 5 by the Crimes Legislation Amendment Act 2012 applies only to and in respect of an offence committed on or after the commencement of Schedule 3.4 to that Act.

Part 7 - Provisions consequent on enactment of Crimes (Serious Sex Offenders) Amendment Act 2013

10 Definition

In this Part--

"amending Act" means the Crimes (Serious Sex Offenders) Amendment Act 2013 .

11 Extension of scheme

The amendments made to this Act by the amending Act extend--

(a) to offences committed before the date of assent to that Act, and
(b) to persons serving a sentence of imprisonment that commenced before the date of assent to that Act.

12 Saving of existing orders

(1) An extended supervision order made under section 9 or 17 before the amendments made by the amending Act, and in force immediately before the commencement of those amendments, is taken to be an extended supervision order under section 5C.
(2) An interim supervision order made under section 8 before the repeal of that section by the amending Act, and in force immediately before that repeal, is taken to be an interim supervision order under section 10A.
(3) A continuing detention order made under section 17 before the amendments made by the amending Act, and in force immediately before the commencement of those amendments, is taken to be a continuing detention order under section 5D.
(4) An interim detention order made under section 16 before the repeal of that section by the amending Act, and in force immediately before that repeal, is taken to be an interim detention order under section 18A.

Part 8 - Provisions consequent on enactment of Crimes (High Risk Offenders) Amendment Act 2014

13 Definition

In this Part--

"amending Act" means the Crimes (High Risk Offenders) Amendment Act 2014 .

14 Extension of scheme

The amendments made to this Act by the amending Act extend--

(a) to offences committed before the date of commencement of the amendments, and
(b) to persons serving a sentence of imprisonment that commenced before the date of commencement of the amendments, and
(c) to persons subject to an extended supervision order, interim supervision order, continuing detention order or interim detention order immediately before the date of commencement of the amendments.

Part 9 - Provision consequent on enactment of Crimes (High Risk Offenders) Amendment Act 2016

15 Application of amendment to definition of "serious violence offence"

Section 5A (2A), as inserted by the Crimes (High Risk Offenders) Amendment Act 2016 , extends--

(a) to offences committed before the date of commencement of that Act, and
(b) to persons serving a sentence of imprisonment that commenced before the date of commencement of that Act.

Part 10 - Provisions consequent on enactment of Crimes (High Risk Offenders) Amendment Act 2017

16 Definition

In this Part--

"amending Act" means the Crimes (High Risk Offenders) Amendment Act 2017 .

17 Extension of scheme

The amendments made to this Act by the amending Act extend--

(a) to offences (of this or any other jurisdiction) committed before the commencement of the amendments, and
(b) to an offender serving a sentence of imprisonment that commenced before the commencement of the amendments, and
(c) to persons subject to an extended supervision order, interim supervision order, continuing detention order or interim detention order immediately before the commencement of the amendments.

18 Victim statements

Section 21A, as in force immediately before its amendment by the amending Act, continues to apply in respect of any notice given or required to be given under that section and any victim statement received by the Supreme Court before the commencement of the amendments.

19 Applications

(1) An application duly made under Part 2 or 3 of this Act as in force immediately before the amendments made to provisions of those Parts by the amending Act is taken to have been duly made under those Parts as amended.
(2) The amendments made by the amending Act apply to and in respect of proceedings in relation to an application made under Part 2 or 3 of this Act but not determined before the commencement of the amendments.

Part 11 - Provisions consequent on enactment of Crimes Legislation Amendment Act 2021

20 Definition

In this Part--

"amending Act" means the Crimes Legislation Amendment Act 2021 .

21 Extension of scheme

The amendments made to this Act by the amending Act extend--

(a) to offences committed before the date of commencement of the amendments, and
(b) to persons serving a sentence of imprisonment that commenced before the date of commencement of the amendments, and
(c) to persons subject to an extended supervision order, interim supervision order, continuing detention order or interim detention order immediately before the date of commencement of the amendments.

Part 12 - Provision consequent on enactment of Crimes (Administration of Sentences) Amendment Act 2022

22 Application of amendments

Section 25(4), as inserted by the Crimes (Administration of Sentences) Amendment Act 2022 , extends to information that was provided to the Attorney General before the commencement of the subsection.



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