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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Sentencing Legislation Amendment Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Sentencing Act 1995
amended
3. Act amended 3
4. Section 85 amended 3
5. Section 93 amended 4
6. Section 95A inserted 4
95A. Eligibility for parole where certain
mandatory minimum sentences imposed 4
Part 3 -- Sentence Administration
Act 2003 amended
7. Act amended 6
8. Section 7 amended 6
9. Section 23 amended 6
10. Section 24 inserted 7
24. Transitional provision for Sentencing
Legislation Amendment Act 2013 7
11. Schedule 2 amended 7
56--1 page i
Western Australia
LEGISLATIVE COUNCIL
Sentencing Legislation Amendment Bill 2013
A Bill for
An Act to amend the Sentencing Act 1995 and the Sentence
Administration Act 2003.
The Parliament of Western Australia enacts as follows:
page 1
Sentencing Legislation Amendment Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Sentencing Legislation Amendment Act 2013.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) Parts 2 and 3 -- on the day after that day.
page 2
Sentencing Legislation Amendment Bill 2013
Sentencing Act 1995 amended Part 2
s. 3
1 Part 2 -- Sentencing Act 1995 amended
2 3. Act amended
3 This Part amends the Sentencing Act 1995.
4 4. Section 85 amended
5 In section 85(1) insert in alphabetical order:
6
7 mandatory minimum sentence, in relation to a
8 prescribed offence, means --
9 (a) in the case of an offence against The Criminal
10 Code section 297, the minimum term of
11 imprisonment required by that section if the
12 offence is committed in prescribed
13 circumstances as defined in subsection (8) of
14 that section;
15 (b) in the case of an offence against The Criminal
16 Code section 318, the minimum term of
17 imprisonment required by subsection (4)(a) or
18 (b) of that section, whichever of those
19 minimum terms is applicable to the
20 circumstances of the offence;
21 (c) in the case of an offence against the Road
22 Traffic Act 1974 section 59, the minimum term
23 of imprisonment required by subsection (4A)(a)
24 of that section;
25 (d) in the case of an offence against the Road
26 Traffic Act 1974 section 59A, the minimum
27 term of imprisonment required by
28 subsection (4A)(a) of that section;
page 3
Sentencing Legislation Amendment Bill 2013
Part 2 Sentencing Act 1995 amended
s. 5
1 prescribed offence means any of the following
2 offences, if the offence is committed by a person who,
3 at the time of the commission of the offence, has
4 reached 18 years of age --
5 (a) an offence against The Criminal Code
6 section 297, if the offence is committed in
7 prescribed circumstances as defined in
8 subsection (8) of that section;
9 (b) an offence against The Criminal Code
10 section 318, if the offence is committed in
11 prescribed circumstances as defined in
12 subsection (5) of that section;
13 (c) an offence against the Road Traffic Act 1974
14 section 59 or 59A, if the offence is committed
15 in the circumstance of aggravation referred to
16 in section 49AB(1)(c) of that Act;
17
18 5. Section 93 amended
19 In section 93(1) delete "section 94," and insert:
20
21 sections 94 and 95A,
22
23 6. Section 95A inserted
24 After section 94 insert:
25
26 95A. Eligibility for parole where certain mandatory
27 minimum sentences imposed
28 (1) For the purposes of section 93(1), a prisoner serving a
29 parole term for a prescribed offence is eligible to be
30 released on parole when he or she has served the
31 greater of --
32 (a) the mandatory minimum sentence applicable to
33 that offence; or
page 4
Sentencing Legislation Amendment Bill 2013
Sentencing Act 1995 amended Part 2
s. 6
1 (b) the period that, under section 93(1), he or she
2 would be required to serve before being eligible
3 to be released on parole if the offence were not
4 a prescribed offence.
5 (2) Subsection (3) applies to a prisoner if --
6 (a) the prisoner is serving 2 or more parole terms;
7 and
8 (b) those parole terms are to be aggregated under
9 section 94; and
10 (c) 2 or more of those parole terms are for
11 prescribed offences.
12 (3) If this subsection applies to a prisoner then, for the
13 purposes of section 93(1), the prisoner is eligible to be
14 released on parole when he or she has served the
15 greater of --
16 (a) the aggregate of the mandatory minimum
17 sentences applicable to each of the prescribed
18 offences that he or she is serving; or
19 (b) the period that, under sections 93(1) and 94, he
20 or she would be required to serve before being
21 eligible to be released on parole if the offences
22 were not prescribed offences.
23 (4) If a parole term was imposed before the Sentencing
24 Legislation Amendment Act 2013 Part 2 comes into
25 operation, this Division and the Sentence
26 Administration Act 2003 Part 3 Division 3 apply to and
27 in relation to that parole term as if the Sentencing
28 Legislation Amendment Act 2013 Part 2 had not been
29 enacted.
30
page 5
Sentencing Legislation Amendment Bill 2013
Part 3 Sentence Administration Act 2003 amended
s. 7
1 Part 3 -- Sentence Administration Act 2003 amended
2 7. Act amended
3 This Part amends the Sentence Administration Act 2003.
4 8. Section 7 amended
5 In section 7(2)(b) and (c) delete "section 94" and insert:
6
7 sections 94 and 95A
8
9 9. Section 23 amended
10 Delete section 23(2) and insert:
11
12 (2) A prisoner is eligible to be released on parole --
13 (a) if he or she is serving a term for a prescribed
14 offence, when he or she has served the greater
15 of --
16 (i) the mandatory minimum sentence
17 applicable to the offence; or
18 (ii) one-half of his or her term;
19 or
20 (b) if he or she is serving a term for 2 or more
21 prescribed offences, when he or she has served
22 the greater of --
23 (i) the aggregate of the mandatory
24 minimum sentences applicable to each
25 of those prescribed offences; or
26 (ii) one-half of his or her term;
27 or
28 (c) in any other case, when he or she has served
29 one-half of his or her term.
30
page 6
Sentencing Legislation Amendment Bill 2013
Sentence Administration Act 2003 amended Part 3
s. 10
1 10. Section 24 inserted
2 At the end of Part 3 Division 4 insert:
3
4 24. Transitional provision for Sentencing Legislation
5 Amendment Act 2013
6 If a term was imposed before the Sentencing
7 Legislation Amendment Act 2013 Part 3 comes into
8 operation, this Division applies to and in relation to
9 that term as if that Part had not been enacted.
10
11 11. Schedule 2 amended
12 (1) In the heading to Schedule 2 delete "Prescribed" and insert:
13
14 Serious
15
16 (2) In Schedule 2 delete "prescribed" and insert:
17
18 serious
19
20
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