AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997 - SCHEDULE 2

- Savings and transitional

SCHEDULE 2 - Savings and transitional

Section 104

1.    In this Schedule –
commencement day means the day referred to in section 2 ;
sentencing order includes a compensation order and restitution order.
2.    This Act applies to any sentencing order made on or after the commencement day, irrespective of when the offence to which the sentencing order relates was committed.
3.    A person in respect of whom a sentencing order is in force immediately before the commencement day continues to be subject to the requirements of that sentencing order in all respects as if this Act had not been enacted, but that sentencing order may be cancelled or varied, and any failure to comply with it may be dealt with, under this Act as if it were a sentencing order made on or after the commencement day.
4.    For the purposes of this section a sentencing order made by an appellate court on or after the commencement day on setting aside a sentencing order made before that day is taken to have been made at the time the original sentencing order was made.
5.    Notwithstanding the repeal by this Act of section 92C of the Justices Act 1959 as in force immediately before the commencement day, a proclamation made under that section remains in force and is valid for the purposes of section 47 of this Act until it is revoked by a proclamation made under that section of this Act.

[Second reading presentation speech made in:

House of Assembly on 13 AUGUST 1997

Legislative Council on 26 NOVEMBER 1997]



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