AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997 - SECT 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 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 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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