Victorian Current Acts Victorian Current Acts(1) Where a justice of a participating State, in the exercise of his powers, issues a warrant of commitment while not constituting a court, the sentence of imprisonment imposed by the warrant shall, for the purposes of this Act, be deemed to have been imposed by a court.
(2) For the purposes of this Act, a sentence of imprisonment imposed, or originally imposed, by, or by the operation of, an Act or other law of a State or Territory shall, except as prescribed by regulations under this Act, be deemed to have been imposed, or originally imposed, by a court of that State or Territory.
S. 5(3) amended by No. 16/1991 s. 19(a).
(3) A reference in this Act to an Act of the Commonwealth includes a reference to an Act amending or replacing that Act.
S. 5(4) inserted by No. 16/1991 s. 19(b), substituted by No.
94/1994
s. 26.
(4) In the case of a State other than the Australian Capital Territory or the Northern Territory, a reference in this Act to the Governor of a participating State includes a reference to any person exercising and performing all the powers and functions of the Governor of that State.
S. 5(4A) inserted by No.
94/1994
s. 26.
(4A) In the case of the Australian Capital Territory—
(a) the reference in section 28(4) to the Governor of a participating State is a reference to the Governor-General; and
(b) the references in
section 28(5)(b) to the Governor of a participating State are references to
the Governor-General or
to the Executive within the meaning of
the Australian Capital Territory (Self‑Government) Act 1988 of the
Commonwealth.
S. 5(4B) inserted by No.
94/1994
s. 26.
(4B) In the case of the Northern Territory, a reference in this Act to the Governor of a participating State is a reference to the Administrator of the Northern Territory, and includes a reference to any person exercising and performing all the powers and functions of the Administrator.
S. 5(4C) inserted by No.
94/1994
s. 26.
(4C) A reference in this Act to the Governor-General includes a reference to any person exercising and performing all the powers and functions of the Governor-General.
S. 5(5) inserted by No. 16/1991 s. 19(b).
(5) A reference in this Act to a person on whom a sentence of imprisonment has been imposed does not include a reference to a person who has completed serving that sentence.
S. 5(6) inserted by No. 16/1991 s. 19(b).
(6) The following persons on whom a sentence of imprisonment has been imposed shall be taken, for the purposes of this Act, to have completed serving that sentence—
(a) a person—
(i) who has been released from serving a part of that sentence on parole or on licence to be at large; and
(ii) in respect of whom action can no longer be taken under a law of the Commonwealth, a State or a Territory by way of requiring the person to serve the whole or a part of the remainder of that sentence;
(b) a person—
(i) whose sentence has been wholly or partly suspended; and
(ii) who, if the sentence is partly suspended, has been released from serving a part of the unsuspended part on parole or on licence to be at large; and
(iii) in respect of whom action can no longer be taken under a law of the Commonwealth, a State or a Territory by way of requiring the person to serve the whole or a part of that sentence;
(c) a person—
(i) who has been released from serving the whole or a part of that sentence on giving a relevant security; and
(ii) in respect of whom—
(A) action can no longer be taken under a law of the Commonwealth, a State or a Territory in respect of a breach of a condition of that security; or
(B) action cannot, by reason of the expiration of the security, be taken under a law of the Commonwealth, a State or a Territory by way of requiring the person to serve the whole or a part of that sentence;
(d) a person who, as the result of the exercise of the royal prerogative of mercy, is no longer required to serve the whole or a part of that sentence.
S. 5(7) inserted by No. 16/1991 s. 19(b).
(7) A reference in this Act to release on parole includes a reference to release on probation and to any other form of conditional release in the nature of parole.