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CORRECTIONS ACT 1986 - SECT 130

Transitional provisions—Serious Offenders Act 2018

    (1)     Despite the amendment of the definition of sexual offence in section 3(1) by section 355 of the Serious Offenders Act 2018

        (a)     the definitions of sexual offence in section 3(1) and the references to that definition in section 74AAB(2), (3), (5) and (7), as in force immediately before the commencement day, continue to apply to—

              (i)     prisoners who, on the commencement day, are serving a sentence of imprisonment in respect of an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009 ; and

S. 130(1)(a)(ii) amended by No. 16/2020 s. 16(2).

              (ii)     prisoners who, on the commencement day, are on parole after having been released under section 74, in accordance with the requirements of section 74AAB, in respect of an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009 ; and

        (b)     the definitions of sexual offence in section 3(1) and the references to that definition in section 77(3) and (6), as in force immediately before the commencement day, continue to apply, as the case requires, to prisoners who, on the commencement day, are on parole after having been released under section 74, in accordance with the requirements of section 74AAB, in respect of an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009 .

    (2)     Despite the amendment of this Act by section 355 of the Serious Offenders Act 2018

        (a)     a person who, before the commencement day, would have been a person who was a victim within the meaning of section 30A(1) is taken to be a victim within the meaning of section 30A(1); and

        (b)     a person who was included on the victims register under section 30C immediately before the commencement day remains on the victims register, on and from the commencement day, as if the person was a victim within the meaning of section 30A(1).

    (3)     In this section—

"commencement day" means the day on which section 355 of the Serious Offenders Act 2018 comes into operation.

S. 131 inserted by No. 45/2019 s. 43.



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