Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 59 of 1997
- Royal Assent 22 December 1997
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. Short title
2. Commencement
3. Purpose of Act
4. Interpretation
5. Application of Act
6. Act is not a code
PART 2 - General sentencing powers
7. Sentencing orders
7A. Adjournment for deferral of sentencing
8. Combined sentencing orders
9. Conviction or non-conviction
10. Effect of finding of guilt without recording of conviction
11. Court may impose single, general or mixed sentence
11A. Matters to be taken or not taken into account in sentencing certain
sexual offenders
11B. Racial motivation to be taken into account in sentencing offenders
11C. Self-induced intoxication not to be mitigating factor in sentencing
PART 3 - Custodial sentences Division 1 - General
12. Mitigation of imprisonment
13. Maximum prison term imposable by court of petty sessions for crime
triable summarily
14. Commencement of custodial sentence
15. Custodial sentence: whether concurrent or cumulative
16. Time held in custody before trial, &c., to be taken into
account
16A. Mandatory imprisonment for offence causing serious bodily harm to
police officer
Division 2 - Parole
17. Court may bar or limit eligibility for parole
18. Court to make order on eligibility of life prisoner for parole
Division 3 -
. . . . . . . .
19. Section 19
20. Section 20
21. Section 21
22. Section 22
23. Section 23
Division 4 - Suspended sentences
24. Suspended sentence to be conditional
25. Effect of suspended sentence
26. Variation of order conditionally suspending sentence
27. Breach of order suspending sentence
PART 3A - Drug treatment orders
27A. Interpretation of Part
27AB. Court constituted by magistrate may refer sentencing to other
magistrate
27B. Court may make drug treatment order
27C. Purpose of drug treatment order
27D. Drug treatment order assessment report
27E. Parts of drug treatment order
27F. Custodial part of drug treatment order and its activation
27G. Core conditions of drug treatment order
27H. Program conditions of drug treatment order
27I. Case conferences
27J. Variation of drug treatment order on assessment of progress
27K. Compliance reward
27L. Cancellation reward
27M. Contravention of order
27N. Imprisonment
27O. Commission of certain offences
27P. Hearing and determining certain offences
27Q. Cancellation
27QA. Referral of matters to other courts
27R. Second anniversary review
27S. Motions to review
27T. Immunity from prosecution for certain drug offences
27U. Information sharing
27V. Random drug testing
27W. Disclosure of compliance information
27X. Court diversion officers and case managers
PART 4 - Community service orders
27Y. No new community service orders to be made
28. Conditions of community service order
29. Court may consider compliance with previous order
30. Multiple community service orders
31. Limitation on number of hours of community service
32. Attendance at educational program
33. Community service for benefit of victim of offence
34. Duration of community service order
35. Review of community service order
36. Breach of community service order
36AA. Offences relating to community service orders
36A. Offender discharging order is taken to be Crown employee for certain
purposes
PART 5 - Probation orders
36B. No new probation orders to be made
37. Conditions of probation order
38. Multiple probation orders
39. Limitation on duration of probation order
40. Commencement of probation order
41. Review of probation order
42. Breach of probation order
42A. Offence relating to a probation order
PART 5A - Home Detention Orders
42AB. Interpretation of Part
42AC. Home detention orders
42AD. Core conditions of home detention order
42AE. Special conditions of home detention orders
42AF. Operational period of home detention order
42AG. Commencement of operational period of home detention order
42AH. Applications to vary or cancel home detention orders
42AI. Breach of condition of home detention orders
42AJ. Breach of condition of home detention order where offender found
guilty of offence
42AK. Offence relating to home detention order
42AL. Power of arrest
PART 5B - Community Correction Orders
42AM. Interpretation
42AN. Community correction orders
42AO. Core conditions of community correction orders
42AP. Special conditions
42AQ. Operational period of community correction order
42AR. Commencement of operational period of community correction order
42AS. Limitation on number of hours of community service
42AT. Forms of community service
42AU. Application to vary or cancel community correction order
42AV. Breach of condition of community correction order
42AW. Breach of condition of community correction order where offender
found guilty of offence
42AX. Offences relating to community correction orders
42AY. Arrest for failure to appear at certain applications, or for breach,
or suspected breach, of order
42AZ. Offender discharging order is taken to be Crown employee for certain
purposes
PART 6 - Fines
42B. Conviction not required for imposition of penalty
43. Priority of fine and restitution or compensation order
44. Period for payment of fine
45. Enforcement of Supreme Court fine
PART 6AA - Warrant of commitment for non-payment of monetary penalty
46. Warrant of commitment for non-payment of monetary penalty
47. Failure of defendant outside jurisdiction to pay monetary penalty
48. Calculation of prison term for default in payment of monetary
penalty
49. Section 49
50. Section 50
51. Amount in default reduced by imprisonment
52. Satisfaction of execution by payment
53. Enforcement of fine by civil process
54. Section 54
PART 6A - Rehabilitation programs
54A. Contravention of rehabilitation program order
PART 7 - Driving disqualification orders
55. Power of court to disqualify driver on conviction for certain
offences
56. Court may delay disqualification
57. Restricted driver licences
PART 8 - Adjournments, discharges, deferrals and dismissals Division
1 - Deferral of sentencing
57A. When sentence may be deferred under section 7(eb)
57B. Grant of bail and review
57C. Alteration of date to which sentencing deferred
57D. When order deferring sentence may be revoked
57E. Referral of offender to Supreme Court when that court made order
deferring sentence
Division 2 - Adjournments, discharge or dismissal
58. Purpose of orders to adjourn, discharge or dismiss
59. Conditions of undertaking given by released offender
60. Released offender may be called on to appear
61. Discharge of order for release on adjournment
62. Breach of order for release on adjournment
63. Effect of certain orders
64. Compensation or restitution
PART 9 - Orders in addition to sentence Division 1 - Restitution
65. Restitution order
66. Enforcement of restitution order
Division 2 - Compensation
67. Interpretation of Division
68. Compensation order
69. Enforcement of compensation order
Division 3 - Area restriction
70. Area restriction order
71. Breach of area restriction order
PART 10 - Assessment, Treatment, Supervision and Restriction Orders
72. Court may make assessment order
73. What is an assessment order?
74. Termination of assessment order
75. Treatment order, supervision order and restriction order
76. What is a treatment order?
77. What is a restriction order?
77A. What is a supervision order?
77B. Principle on which courts are to act
78. Custody of admitted person
79. Effect of treatment order
79A. Arrest of assessment order detainees who abscond
79B. Arrest of detainees who flee the State
PART 11 - Sentencing procedure Division 1 - Preliminary matters
80. Parties may address court on sentence
81. Court may receive information before sentencing
81A. Court may receive victim impact statement
82. Court may order pre-sentence report
83. Contents of pre-sentence report
84. Court may order mediation report
85. Contents of mediation report
86. Preparation of mediation report
87. Distribution of pre-sentence and mediation reports
88. Disputed pre-sentence and mediation reports
89. Disposal of other pending charges
89A. Pre-sentence report includes rehabilitation program assessment
Division 2 - Sentencing and related matters
90. Time and place of sentencing
91. Sentence by another judge or magistrate
92. Court must explain certain orders
92A. Certain matters to be specified when sentence of imprisonment
imposed, confirmed or activated
93. Sentence not invalidated by failure to comply with procedural
requirements
94. Correction of sentence
95. Appeal against sentence imposed on variation or breach
PART 12 - Miscellaneous
96. Disqualification of offender holding public office
97. Saving of royal prerogative of mercy
98. Penalty for offence may be remitted
99. Effect of alteration in statutory penalty
100. Old offence relevant in determining previous conviction
101. Abolition of common law bonds
102. Regulations
103. Section 103
104. Savings and transitional
104AA. Transitional provision in relation to Sentencing Amendment (Fines
Without Recording Convictions) Act 2017
104AB. Savings and transitional provisions in relation to Sentencing
Amendment (Phasing Out Of Suspended Sentences) Act 2017
104AC. Transitional provision in relation to Justice Legislation Amendments
(Criminal Responsibility) Act 2020
104A. Validation and saving of certain orders
105. Penalties Remission Act 1934 repealed
106. Administration of Act
SCHEDULE 1
SCHEDULE 2
[ Note: This table has been automatically generated and may be incomplete. ]