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CORRECTIONS ACT 1986 - SECT 131

Transitional—Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019

    (1)     The definition of serious violent offence as amended by section 19(3) of the Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019 applies on and after the commencement of section 19(3) of that Act, irrespective of when the offence against section 27 of the Crimes Act 1958 was committed.

    (2)     Section 47DA as amended by section 27 of the Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019 applies to offences alleged to have been committed on or after the commencement of section 27 of that Act.

    (3)     For the purposes of subsection (2) if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 27 of the Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019 , the offence is alleged to have been committed before that commencement.

    (4)     Section 58E as amended by section 30 of the Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019 applies on and after the commencement of section 30 of that Act, regardless of whether—

        (a)     an application for a reduction under section 58E(1) had been made but not determined before the commencement of section 30 of that Act; or

        (b)     before the commencement of section 30 of that Act a prisoner had taken any steps to ask the Secretary to reduce the length of a sentence under section 58E; or

        (c)     before the commencement of section 30 of that Act the Secretary had begun any consideration of whether the length of a sentence should be reduced under section 58E.

S. 132 inserted by No. 36/2023 s. 12.



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