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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Sentencing) Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Sentence Administration
Act 2003 amended
3. The Act amended 3
4. Section 4 amended 3
5. Section 7 amended 3
6. Section 16 amended 4
7. Section 22 amended 4
8. Section 23 amended 5
9. Section 28 amended 6
10. Section 31 amended 6
11. Section 37 amended 6
12. Section 38 amended 6
13. Section 39 amended 6
14. Section 44 amended 7
15. Section 64A inserted 7
16. Section 69 amended 7
17. Section 72 amended 9
18. Section 73 amended 9
19. Section 97 amended 9
Part 3 -- Sentencing Act 1995 amended
20. The Act amended 10
21. Section 33A amended 10
22. Section 33O amended 11
23. Section 33P amended 11
324--1 page i
Acts Amendment (Sentencing) Bill 2004
Contents
Part 4 -- Sentencing Legislation
Amendment and Repeal Act 2003
amended
24. The Act amended 12
25. Section 107 amended 12
26. Schedule 1 amended 12
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Sentencing) Bill 2004
A Bill for
An Act to amend --
• the Sentence Administration Act 2003;
• the Sentencing Act 1995; and
• the Sentencing Legislation Amendment and Repeal Act 2003.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Sentencing) Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Sentencing)
Act 2004.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
page 2
Acts Amendment (Sentencing) Bill 2004
Sentence Administration Act 2003 amended Part 2
s. 3
Part 2 -- Sentence Administration Act 2003 amended
3. The Act amended
The amendments in this Part are to the Sentence Administration
Act 2003*.
5 [* Act No. 49 of 2003.
For subsequent amendments see Act No. 4 of 2004.]
4. Section 4 amended
Section 4(2) is amended after the definition of "serious offence"
by inserting the following definition --
10 "
"victim" has the meaning given to that term in
section 2 of the Victims of Crime Act 1994;
".
5. Section 7 amended
15 (1) Section 7(1) is amended in the definition of "fixed term" after
"1995" by inserting --
"
and a period of imprisonment under a warrant of
commitment issued under the Fines, Penalties and
20 Infringement Notices Enforcement Act 1994
".
(2) Section 7(2) is amended as follows:
(a) by deleting "sentenced" and inserting instead --
" committed, or sentenced, ";
25 (b) before paragraph (a) by inserting the following
paragraph --
"
(aa) first, those that are served as a result of a
warrant of commitment issued under the Fines,
page 3
Acts Amendment (Sentencing) Bill 2004
Part 2 Sentence Administration Act 2003 amended
s. 6
Penalties and Infringement Notices
Enforcement Act 1994 are to be served
cumulatively;
";
5 (c) in paragraph (a) by deleting "firstly" and inserting
instead --
" secondly ";
(d) in paragraph (b) by deleting "secondly" and inserting
instead --
10 " thirdly ";
(e) in paragraph (c) by deleting "thirdly" and inserting
instead --
" fourthly ".
(3) Section 7(4) is amended by deleting "subsection (1)." and
15 inserting instead --
" subsection (2). ".
6. Section 16 amended
After section 16(h) the following paragraph is inserted --
"
20 (ha) any statement that has been provided for
consideration, by a victim of the offence giving
rise to the prisoner's sentence of imprisonment;
".
7. Section 22 amended
25 Section 22(1)(a) is amended by deleting "not" and inserting
instead --
"
neither a period of imprisonment under a
warrant of commitment issued under the Fines,
30 Penalties and Infringement Notices
Enforcement Act 1994, nor
".
page 4
Acts Amendment (Sentencing) Bill 2004
Sentence Administration Act 2003 amended Part 2
s. 8
8. Section 23 amended
(1) Section 23(3) is amended by deleting "The" and inserting
instead --
" Subject to section 10, the ".
5 (2) After section 23(5) the following subsections are inserted --
"
(5a) Despite subsection (5), the CEO may defer the release
date of a parole order by up to 7 days, if transport
arrangements cannot be made for the prisoner on the
10 day when the prisoner is eligible for release.
(5b) Despite subsection (5), where a prisoner is required to
be kept in custody in respect of another matter, the
CEO may defer the decision to release the prisoner
under subsection (3)(b), and may reconsider that
15 decision if the prisoner is no longer required to be kept
in custody in respect of the other matter.
".
(3) Section 23(8) is amended by deleting "prisoner in deciding
whether the parole order is to be supervised or unsupervised."
20 and inserting instead --
"
prisoner --
(a) when deciding whether or not to make a parole
order in respect of a prescribed prisoner, under
25 subsection (3)(a); and
(b) when deciding whether any parole order made
under subsection (3) is to be supervised or
unsupervised.
".
30 (4) Section 23(9)(a) is amended by deleting "and (3)".
page 5
Acts Amendment (Sentencing) Bill 2004
Part 2 Sentence Administration Act 2003 amended
s. 9
9. Section 28 amended
(1) Section 28(1)(b) is amended by deleting "supervised period"
and inserting instead --
" parole period ".
5 (2) Section 28(2), (3) and (4) are repealed.
10. Section 31 amended
(1) Section 31(1) is amended by deleting "the supervised period
of ".
(2) Section 31(3) is amended by deleting "supervised period" and
10 inserting instead --
" parole period ".
(3) Section 31(5) is amended by deleting "supervised period" and
inserting instead --
" parole period ".
15 11. Section 37 amended
Section 37(1) is amended by deleting "supervised".
12. Section 38 amended
(1) Section 38(1) is amended by deleting "supervised".
(2) Section 38(2) is amended by deleting "supervised period" and
20 inserting instead --
" parole period ".
13. Section 39 amended
Section 39(1) is amended by deleting "supervised".
page 6
Acts Amendment (Sentencing) Bill 2004
Sentence Administration Act 2003 amended Part 2
s. 14
14. Section 44 amended
(1) Section 44(1) is amended by deleting "Subject to subsection (2),
the" and inserting instead --
" The ".
5 (2) Section 44(2) is repealed.
15. Section 64A inserted
After section 64 the following section is inserted in Part 4 --
"
64A. Decision to suspend or cancel RRO: Board may
10 review
(1) A prisoner given notice under section 62 or 64, of a
decision to suspend or cancel an RRO, may request the
Board to review the decision and may make
submissions to the Board about the decision and
15 reasons for the decision (if any are supplied).
(2) The request or submissions must be made in writing.
(3) On a request made under subsection (1), the Board
must consider any such submissions and review the
decision and may confirm or amend it, or cancel it and
20 make another decision.
(4) The Board must give the prisoner written notice of its
decision on a review conducted under this section.
".
16. Section 69 amended
25 (1) Section 69(1) is amended by deleting "If " and inserting
instead --
" Subject to subsections (1a) and (1b), if ".
page 7
Acts Amendment (Sentencing) Bill 2004
Part 2 Sentence Administration Act 2003 amended
s. 16
(2) After section 69(1) the following subsections are inserted --
"
(1a) If an RRO in respect of a prisoner, who is serving a
fixed term that is not a parole term that was imposed on
5 or before 30 August 2003, is cancelled after the
prisoner is released under the order, the prisoner is then
liable to resume serving the fixed term in custody.
(1b) A prisoner who resumes serving a fixed term under
subsection (1a) is discharged from that sentence when
10 he or she has served two thirds of that term and, subject
to Part 2 Division 2 of the Sentence Administration
Act 2003, must be released then.
".
(3) After section 69(5) the following subsection is inserted --
15 "
(6) For the purposes of this section, to calculate the length
in days of two thirds of a fixed term imposed on or
before 30 August 2003 --
(a) determine the date on which the term as
20 imposed by the court began and will end, and
then express the term as a number of days
("T");
(b) then divide T by 3 and disregard any
remainder;
25 (c) then subtract that result from T and add to the
result the number of days of remission that the
offender has been ordered to forfeit under the
Prisons Act 1981 (if any).
".
page 8
Acts Amendment (Sentencing) Bill 2004
Sentence Administration Act 2003 amended Part 2
s. 17
17. Section 72 amended
Section 72(2) is repealed and the following subsection is
inserted instead --
"
5 (2) If the subsequent early release order is a parole order,
the parole period in it is the period that begins on the
day when the prisoner is released and ends when the
term ends.
".
10 18. Section 73 amended
Section 73(3) is repealed.
19. Section 97 amended
Section 97 is amended by deleting "a WRO" and inserting
instead --
15 " an RRO ".
page 9
Acts Amendment (Sentencing) Bill 2004
Part 3 Sentencing Act 1995 amended
s. 20
Part 3 -- Sentencing Act 1995 amended
20. The Act amended
The amendments in this Part are to the Sentencing Act 1995*.
[* Reprint 3 as at 10 October 2003.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 349 and
Acts Nos. 50 of 2003 and 4 of 2004.]
21. Section 33A amended
(1) After section 33A(2) the following subsections are inserted --
10 "
(2a) This section does not apply if a court is sentencing an
offender for one or more offences that were
committed --
(a) while the offender was subject to an early
15 release order for another offence; or
(b) during the suspension period of a suspended
term of imprisonment imposed for another
offence.
(2b) In subsection (2a)(a) --
20 "early release order" means --
(a) a parole order, home detention order, or
work release order, made under the Sentence
Administration Act 1995; or
(b) a parole order, or re-entry release order,
25 made under the Sentence Administration
Act 2003.
".
(2) Section 33A(4) is amended after "sentencing" by inserting --
" the ".
page 10
Acts Amendment (Sentencing) Bill 2004
Sentencing Act 1995 amended Part 3
s. 22
22. Section 33O amended
Section 33O(5)(a)(iii) is amended by deleting "offender." and
inserting instead --
"
5 offender;
or
".
23. Section 33P amended
Section 33P(1) is amended as follows:
10 (a) by deleting the second paragraph designation "(a)" and
inserting instead the paragraph designation "(c)";
(b) by deleting the second paragraph designation "(b)" and
inserting instead the paragraph designation "(d)".
page 11
Acts Amendment (Sentencing) Bill 2004
Part 4 Sentencing Legislation Amendment and Repeal Act 2003
amended
s. 24
Part 4 -- Sentencing Legislation Amendment and
Repeal Act 2003 amended
24. The Act amended
The amendments in this Part are to the Sentencing Legislation
5 Amendment and Repeal Act 2003*.
[* Act No. 50 of 2003.]
25. Section 107 amended
Section 107(1)(b) is amended before "of the" by inserting --
" and Part 4 ".
10 26. Schedule 1 amended
(1) Schedule 1 clause 5(1) is amended after "old provisions" by
inserting --
" , other than Part 4 of the repealed Act, ".
(2) Schedule 1 clause 5 is amended after "commencement" by
15 inserting --
" of the Acts Amendment (Sentencing) Act 2004 ".
(3) Schedule 1 is amended by deleting clause 7.
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