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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
SENTENCING AMENDMENT (DRUG
TREATMENT ORDERS) BILL 2016
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 4 amended (Interpretation)
5. Section 27Y repealed
6. Section 104A inserted
104A. Validation and saving of certain orders
7. Repeal of Act
[Bill 31]-XI
2
SENTENCING AMENDMENT (DRUG
TREATMENT ORDERS) BILL 2016
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
16 June 2016
(Brought in by the Minister for State Growth, the Honourable
Matthew Guy Groom)
A BILL FOR
An Act to amend the Sentencing Act 1997
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 Sentencing
Amendment (Drug Treatment Orders) Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 31] 3
Sentencing Amendment (Drug Treatment Orders) Act 2016
Act No. of
s. 3
3. Principal Act
In this Act, the Sentencing Act 1997* is referred
to as the Principal Act.
4. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended by
inserting after the definition of driving
disqualification order the following definition:
drug treatment order means a drug treatment
order made under section 27B;
5. Section 27Y repealed
Section 27Y of the Principal Act is repealed.
6. Section 104A inserted
After section 104 of the Principal Act, the
following section is inserted in Part 12:
104A. Validation and saving of certain orders
(1) In this section -
expiration period means the period
beginning on 30 June 2014 and
ending on the day on which this
section commences;
relevant action or decision means an
action, decision, direction or
*No. 59 of 1997
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Sentencing Amendment (Drug Treatment Orders) Act 2016
Act No. of
s. 6
requirement of a court or a
person;
relevant order or warrant means -
(a) a drug treatment order;
and
(b) any other order; and
(c) a sentence of
imprisonment; and
(d) a warrant -
that, during or after the expiration
period, was or is made, imposed,
or issued, under this Act or was
or is purportedly made, imposed,
or issued, under this Act;
validated order or warrant means -
(a) a relevant order or
warrant; and
(b) a condition of a relevant
order or warrant; and
(c) a variation, cancellation
or suspension of a
relevant order or warrant;
and
(d) a confirmation, variation
or cancellation of one or
more conditions of a
relevant order or warrant
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Sentencing Amendment (Drug Treatment Orders) Act 2016
Act No. of
s. 6
or the addition of a
condition to the
conditions of a relevant
order or warrant; and
(e) the fixing of a non-parole
period.
(2) A validated order or warrant is not to be
taken to be invalid or of no effect, or to
have been invalid or of no effect, by
reason only that during the expiration
period section 27Y(3) of this Act was in
force.
(3) A relevant action or decision that was
taken or made in anticipation of, in
relation to, or subsequent to, the making,
imposition or issuing, or the purported
making, imposition or issuing, of a
validated order or warrant is not to be
taken -
(a) to be invalid or of no effect or to
have been invalid or of no effect;
or
(b) to contravene, or to have
contravened, this or any other
Act -
by reason only that during the expiration
period section 27Y(3) of this Act was in
force.
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Sentencing Amendment (Drug Treatment Orders) Act 2016
Act No. of
s. 7
7. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 7