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This is a Bill, not an Act. For current law, see the Acts databases.

MANDATORY SENTENCING REPEAL BILL

Ms Martin






A BILL
for
AN ACT

to repeal or amend various amending Acts establishing mandatory sentencing
in the Territory and for related purposes










ii



NORTHERN TERRITORY OF AUSTRALIA

MANDATORY SENTENCING REPEAL ACT 2000

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No. of 2000
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TABLE OF PROVISIONS


Section

1. Short title
2. Commencement
3. Purpose
4. Repeal of mandatory sentencing provisions relating to juveniles
5. Repeal of mandatory sentencing provisions relating to adults
6. Transitional






Mandatory Sentencing Repeal Act 2000

2


21/02/00 16:49 Ref: bll DRAFT ONLY



NORTHERN TERRITORY OF AUSTRALIA
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No. of 2000
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AN ACT


to repeal or amend various amendments Acts establishing mandatory sentencing in the Territory and for related purposes




[Assented to 2000]
[Second reading 2000]




The Legislative Assembly of the Northern Territory enacts as follows:


1. Short title
This Act may be cited as the Mandatory Sentencing Repeal Act 2000.

2. Commencement
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3. Purpose
The purpose of this Act is to repeal provisions establishing mandatory sentencing of adults and juveniles found guilty of having committed certain property offences.

4. Repeal of mandatory sentencing provisions relating to juveniles
The provisions of the Juvenile Justice Amendment Act (No. 2) 1996 (Act No. 61 of 1996), (other than sections 1, 2, 3, 6 and 13), the Juvenile Justice Amendment Act 1998 (No. 12 of 1998) and the Juvenile Justice Amendment Act (No. 2) 1999 (No. 34 of 1999), which provisions amended the Juvenile Justice Act for purposes relating to the establishment of a mandatory sentencing regime in relation to persons who have not attained the age of 17 years, are repealed.

5. Repeal of mandatory sentencing provisions relating to adults
The provisions of the Sentencing Amendment Act (No. 2) 1996 (Act No. 65 of 1996), (other than sections 1, 2, 4, 5, 6 and 7 of that Act), and the Sentencing Amendment Act 1998 (Act No. 14 of 1998), which provisions amended the Sentencing Act for purposes relating to the establishment of a mandatory sentencing regime in relation to adults, are repealed.

6. Transitional
(1) If a person had, before the commencement of this Act, been found guilty of an offence specified in the Schedule to the Juvenile Justice Act but had not been sentenced under that Act in relation to the offence, the court is to sentence the person as if the provisions of the Juvenile Justice Act repealed by this Act had never come into operation.

(2) If a person had, before the commencement of this Act, been found guilty of an offence specified in Schedule 1 to the Sentencing Act but had not been sentenced under that Act in relation to the offence, the court is to sentence the person as if the provisions of the Sentencing Act repealed by this Act had never come into operation.

(3) If a person has been sentenced in relation to an offence before this Act came into operation, this Act does not apply to and in relation to that sentence.


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