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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 124
Sentencing
Legislation Amendment Bill 2015
Mr
Elferink
A Bill for an Act to amend the Sentencing Act and Youth Justice Act
NORTHERN TERRITORY OF AUSTRALIA
SENTENCING LEGISLATION AMENDMENT ACT 2015
____________________
Act No. [ ] of 2015
____________________
Table of provisions
Division 7 Transitional matters for Sentencing Legislation Amendment Act 2015
137 Application of amendments
Division 3 Sentencing Legislation Amendment Act 2015
228 Application of amendments
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2015
____________________
An Act to amend the Sentencing Act and Youth Justice Act
[Assented to [ ] 2015]
[Second reading [ ] 2015]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Sentencing Legislation Amendment Act 2015.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Sentencing
Act
3 Act
amended
This Part amends the Sentencing Act.
After section 53(1)
insert
(1A) Subject to section 57, if a court sentences an offender to be imprisoned for less than 12 months or for a term that is suspended in whole or part, the court may not, as part of the sentence, fix a non-parole period.
Section 57(1)
omit, insert
(1) This section applies if:
(a) an offender has been sentenced to be imprisoned for an offence and a non-parole period has been fixed in respect of the sentence; and
(b) before the end of the non-parole period the offender is sentenced by a court to a further term of imprisonment.
(1A) The court must fix a new single non-parole period in respect of all the sentences the offender is to serve or complete.
(1) Section 59(1)
omit
(1)
(2) Section 59(2)
omit
Section 108(4)
omit
all words from "centre" to "Act)"
insert
facility
8 Part 12, Division 7 inserted
After section 136
insert
Division 7 Transitional matters for Sentencing Legislation Amendment Act 2015
(1) Section 57, as amended by the amending Act, applies if an offender is sentenced by a court to a further term of imprisonment after the commencement, even if the offence to which the sentence relates was committed before the commencement.
(2) Section 59, as in force immediately before the commencement, continues to apply in relation to a sentence, the service of which was suspended under section 59 before the commencement, as if the amending Act had not commenced.
(3) In this section:
amending Act means the Sentencing Legislation Amendment Act 2015.
commencement means the commencement of the amending Act.
Part
3 Amendment of Youth Justice
Act
9 Act
amended
This Part amends the Youth Justice Act.
Section 5(1)
insert (in alphabetical order)
non-parole period, for a sentence of detention or imprisonment, means a period fixed by the Court during which the youth is not eligible to be released on parole.
Section 85(3)
omit, insert
(3) Subject to section 87, if the Court sentences a youth to a term of detention or imprisonment of 12 months or less, or a term that is suspended in whole or part, the Court may not fix a non-parole period.
Section 87(1)
omit, insert
(1) This section applies if:
(a) a youth has been sentenced to be detained or imprisoned for an offence and a non-parole period has been fixed in respect of the sentence; and
(b) before the end of the non-parole period the youth is sentenced by the Court to a further term of detention or imprisonment.
(1A) The Court must fix a new single non-parole period in respect of all the sentences the youth is to serve or complete.
(1) Section 130(1)
omit
(1)
(2) Section 130(2)
omit
14 Part 17, Division 3 inserted
After section 227
insert
Division 3 Sentencing Legislation Amendment Act 2015
(1) Section 87, as amended by the amending Act, applies if a youth is sentenced by the Court to a further term of detention or imprisonment after the commencement, even if the offence to which the sentence relates was committed before the commencement.
(2) Section 130, as in force immediately before the commencement, continues to apply in relation to a sentence, the service of which was suspended under section 130 before the commencement, as if the amending Act had not commenced.
(3) In this section:
amending Act means the Sentencing Legislation Amendment Act 2015.
commencement means the commencement of the amending Act.
Part 4 Expiry
of
Act
15 Expiry
of Act
This Act expires on the day after it commences.
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