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TASMANIA
__________
CORRECTIONS AMENDMENT (PRISONER
REMISSION) BILL 2018
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 86 substituted
86. Remissions
5. Section 87 amended (Special management days)
6. Section 90 amended (Regulations)
7. Section 92A inserted
92A. Savings and transitional provisions in relation to
Corrections Amendment (Prisoner Remission) Act
2018
8. Repeal of Act
[Bill 15]-XI
2
CORRECTIONS AMENDMENT (PRISONER
REMISSION) BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
18 September 2018
(Brought in by the Minister for Corrections, the Honourable
Elise Nicole Archer)
A BILL FOR
An Act to amend the Corrections Act 1997 in relation to
remissions from sentences
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Corrections
Amendment (Prisoner Remission) Act 2018.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 15] 3
Corrections Amendment (Prisoner Remission) Act 2018
Act No. of
s. 3
3. Principal Act
In this Act, the Corrections Act 1997* is referred
to as the Principal Act.
4. Section 86 substituted
Section 86 of the Principal Act is repealed and
the following section is substituted:
86. Remissions
(1) In this section -
commencement day means the day on
which this section, as inserted by
the Corrections Amendment
(Prisoner Remission) Act 2018,
commences.
(2) Subject to this section, the Director may,
in accordance with regulations made in
relation to the matters referred to in
section 90(2)(d), grant to a prisoner who
is in custody a remission of the whole, or
any part, of one or more sentences of
imprisonment under which the prisoner is
serving all or part of a continuous period
in custody.
(3) Remission may only be granted in
relation to a sentence of imprisonment in
respect of a prisoner -
_______________________________________________________________
*No. 51 of 1997
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Corrections Amendment (Prisoner Remission) Act 2018
Act No. of
s. 4
(a) if the sentence was imposed on
the prisoner before the
commencement day; or
(b) where the prisoner is in custody
under more than one sentence of
imprisonment - if at least one of
those sentences of imprisonment
was imposed on the prisoner
before the commencement day; or
(c) where the prisoner is in custody
for a continuous period, under
different sentences of
imprisonment for different parts
of the continuous period - if at
least one of those sentences of
imprisonment was imposed on
the prisoner before the
commencement day.
(4) The Director may not grant remission to
a prisoner who is in custody for a period
of imprisonment -
(a) under a sentence of imprisonment
imposed after 1 January 1994; or
(b) that is imposed, in whole or in
part, by one or more sentences of
imprisonment, at least one of
which was imposed after
1 January 1994 -
if the remission would operate so as to
reduce by more than 3 months the total
period of imprisonment during which the
5
Corrections Amendment (Prisoner Remission) Act 2018
Act No. of
s. 5
prisoner would otherwise be in custody
under one or more of those sentences.
5. Section 87 amended (Special management days)
Section 87 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "grant
special remission to a prisoner in
addition to the prisoner's entitlement to
ordinary remissions" and substituting ",
subject to any regulations for the
purposes of this section, grant to a
prisoner, in relation to the sentence, or
sentences, of imprisonment in relation to
which the prisoner is in custody or that
form part of a continuous period in
which the prisoner has been in custody,
one or more special management days";
(b) by inserting the following subsection
after subsection (1):
(1A) A prisoner who is granted under
subsection (1) one or more
special management days, in
relation to one or more sentences
of imprisonment in relation to
which the prisoner is or has been
in custody, is entitled to have the
total period in which the prisoner
is required to be in custody under
those sentences remitted by that
number of days.
6
Corrections Amendment (Prisoner Remission) Act 2018
Act No. of
s. 6
6. Section 90 amended (Regulations)
Section 90(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d) "while
the prisoner is serving his or her
sentence" and substituting "while the
prisoner is in custody or as an incentive
to, or reward for, engaging, while the
prisoner is in custody, in activities that
are rehabilitative or of a kind approved
by the Director";
(b) by inserting the following paragraph after
paragraph (d):
(da) the granting under section 87 of
special management days; and
7. Section 92A inserted
After section 92 of the Principal Act, the
following section is inserted in Part 9:
92A. Savings and transitional provisions in
relation to Corrections Amendment (Prisoner
Remission) Act 2018
(1) In this section -
amending Act means the Corrections
Amendment (Prisoner Remission)
Act 2018.
(2) Section 86, as inserted by section 4 of the
amending Act, applies in relation to a
7
Corrections Amendment (Prisoner Remission) Act 2018
Act No. of
s. 7
prisoner, and to a sentence of
imprisonment, whether or not he or she
was a prisoner, or the sentence of
imprisonment was imposed, before or
after the day on which section 4 of that
Act commences.
(3) Section 87, as amended by section 5 of
the amending Act, applies in relation to a
prisoner, and to a sentence of
imprisonment, whether or not he or she
was a prisoner, or the sentence of
imprisonment was imposed, before or
after the day on which section 5 of that
Act commences.
(4) Regulations that commence on or after
the day on which section 6 of the
amending Act commences may specify
that any of the regulations in relation to
the matters referred to in section 90(2)(d)
or (da) applies in relation to -
(a) prisoners who were prisoners,
sentences of imprisonment that
were imposed, or behaviour that
occurred, before the day on which
section 6 of that Act commences;
or
(b) prisoners who were prisoners,
sentences of imprisonment that
were imposed, or behaviour that
occurred, after the day on which
section 6 of that Act commences;
or
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Corrections Amendment (Prisoner Remission) Act 2018
Act No. of
s. 8
(c) prisoners, sentences of
imprisonment, or behaviour,
whether or not the prisoners were
prisoners, the sentences were
imposed, or the behaviour
occurred, before or after the day
on which section 6 of that Act
commences.
8. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 9