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This is a Bill, not an Act. For current law, see the Acts databases.


SENTENCING LEGISLATION AMENDMENT AND REPEAL BILL 2002

                      Western Australia


Sentencing Legislation Amendment and Repeal
                   Bill 2002

                        CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                   2
 2.    Commencement                                  2
       Part 2 -- Sentencing Act 1995 amended
       Division 1 -- Preliminary
 3.    The Act amended by this Part                  3
       Division 2 -- Amendments about deferring
             sentencing
 4.    Section 4 amended                             3
 5.    Section 20 amended                            4
 6.    Part 3A inserted                              4
 7.    Section 66 amended                           21
 8.    Section 73 amended                           21
       Division 3 -- Amendments about sentencing
             options
 9.    Section 9 amended                            21
 10.   Section 41 amended                           21
 11.   Section 42 amended                           22
 12.   Section 43 amended                           22
 13.   Section 44 amended                           23
       Division 4 -- Amendments about imprisonment
 14.   Section 4 amended                            23
 15.   Section 76 amended                           24
 16.   Section 85 amended                           24
 17.   Section 88 amended                           25


                                                    page i
                         133--3C
Sentencing Legislation Amendment and Repeal Bill 2002



Contents



   18.     Section 89 replaced                              26
   19.     Section 92 repealed                              27
   20.     Sections 93 to 95 replaced                       28
   21.     Section 100 amended                              30
   22.     Transitional provisions                          31
           Division 5 -- General amendments
   23.     Section 4 amended                                31
   24.     Section 34 amended                               31
   25.     Section 75 amended                               32
   26.     Section 137 replaced                             35
           Part 3 -- Road Traffic Act 1974
                amended
   27.     The Act amended by this Part                     36
   28.     Section 106 replaced by sections 106 and 106A    36
           Part 4 -- Repeal of sentencing
                legislation
   29.     Sentence Administration Act 1995 repealed and
           consequential amendments                         39
   30.     Sentence Administration Act 1999 repealed        39
   31.     Sentencing Legislation Amendment and Repeal
           Act 1999 repealed                                39
   32.     Sentencing Amendment Act 2000 repealed           39
           Part 5 -- Amendments about short
                sentences
   33.     Sentencing Act 1995 amended                      40
   34.     Aboriginal Affairs Planning Authority Act 1972
           amended                                          40
   35.     Aboriginal Heritage Act 1972 amended             41
   36.     Aerial Spraying Control Act 1966 amended         42
   37.     Bail Act 1982 amended                            43
   38.     Biological Control Act 1986 amended              43
   39.     Botanic Gardens and Parks Authority Act 1998
           amended                                          44
   40.     Boxing Control Act 1987 amended                  44
   41.     Business Names Act 1962 amended                  44
   42.     Cattle Industry Compensation Act 1965 amended    45

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           Sentencing Legislation Amendment and Repeal Bill 2002



                                                            Contents



43.   Cemeteries Act 1986 amended                             45
44.   Child Welfare Act 1947 amended                          45
45.   Community Services Act 1972 amended                     46
46.   Companies (Co-operative) Act 1943 amended               46
47.   Conservation and Land Management Act 1984
      amended                                                 46
48.   Conspiracy and Protection of Property Act 1900
      amended                                                 47
49.   Co-operative and Provident Societies Act 1903
      amended                                                 47
50.   Credit (Administration) Act 1984 amended                47
51.   The Criminal Code amended                               48
52.   Criminal Investigation (Extra-Territorial Offences)
      Act 1987 amended                                        50
53.   Curriculum Council Act 1997 amended                     51
54.   Dangerous Goods (Transport) Act 1998 amended            51
55.   Debt Collectors Licensing Act 1964 amended              51
56.   Electoral Act 1907 amended                              52
57.   Electricity Corporation Act 1994 amended                53
58.   Energy Operators (Powers) Act 1979 amended              53
59.   Explosives and Dangerous Goods Act 1961 amended         54
60.   Family Court Act 1997 amended                           54
61.   Fire Brigades Act 1942 amended                          54
62.   Firearms Act 1973 amended                               55
63.   Fish Resources Management Act 1994 amended              55
64.   Freedom of Information Act 1992 amended                 57
65.   Fuel, Energy and Power Resources Act 1972 amended       57
66.   Gaming Commission Act 1987 amended                      58
67.   Gender Reassignment Act 2000 amended                    58
68.   Government Railways Act 1904 amended                    59
69.   Growers Charge Act 1940 amended                         59
70.   Guardianship and Administration Act 1990 amended        59
71.   Health Act 1911 amended                                 60
72.   Housing Societies Act 1976 amended                      61
73.   Juries Act 1957 amended                                 61
74.   Justices Act 1902 amended                               61
75.   Land Drainage Act 1925 amended                          62
76.   Local Courts Act 1904 amended                           62
77.   Local Government (Miscellaneous Provisions)
      Act 1960 amended                                        62
78.   Maritime Archaeology Act 1973 amended                   63

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Sentencing Legislation Amendment and Repeal Bill 2002



Contents



   79.     Medical Act 1894 amended                                   63
   80.     Mental Health Act 1996 amended                             64
   81.     Nuclear Activities Regulation Act 1978 amended             64
   82.     Optometrists Act 1940 amended                              64
   83.     Plant Diseases Act 1914 amended                            65
   84.     Poisons Act 1964 amended                                   65
   85.     Police Act 1892 amended                                    65
   86.     Prisons Act 1981 amended                                   69
   87.     Prostitution Act 2000 amended                              69
   88.     Real Estate and Business Agents Act 1978 amended           69
   89.     Referendums Act 1983 amended                               70
   90.     Restraining Orders Act 1997 amended                        70
   91.     Rights in Water and Irrigation Act 1914 amended            71
   92.     Road Traffic Act 1974 amended                              71
   93.     Rottnest Island Authority Act 1987 amended                 71
   94.     School Education Act 1999 amended                          72
   95.     Stock Diseases (Regulations) Act 1968 amended              72
   96.     Street Collections (Regulation) Act 1940 amended           72
   97.     Sunday Entertainments Act 1979 amended                     73
   98.     Swan River Trust Act 1988 amended                          73
   99.     Transport Co-ordination Act 1966 amended                   73
   100.    Travel Agents Act 1985 amended                             74
   101.    Unclaimed Money Act 1990 amended                           74
   102.    Water and Rivers Commission Act 1995 amended               74
   103.    Water Corporation Act 1995 amended                         75
   104.    Young Offenders Act 1994 amended                           75
   105.    Zoological Parks Authority Act 2001 amended                75
   106.    Power to amend subsidiary legislation                      76
           Part 6 -- Review
   107.    Review                                                     77
           Schedule 1 -- Transitional provisions                       78
   1.      Interpretation                                             78
   2.      Sentencing courts to take into account the effect of the
           sentencing amendments                                      78
   3.      Application of Interpretation Act 1984 s. 36               79
   4.      Community orders imposed before commencement               79
   5.      Sentences of imprisonment imposed before
           commencement                                               80

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                                                             Contents



6.    Early release orders made before commencement            81
7.    WROs                                                     81
8.    HDOs                                                     81
9.    Warrants in force at commencement                        82
10.   Community corrections centres                            82
11.   CEO's instructions for community corrections centres     82
12.   Parole Board's report                                    82
13.   Offenders serving imprisonment imposed before
      4 November 1996                                          83
14.   Transitional regulations                                 85
      Schedule 2 -- Consequential
          amendments                                           87
1.    Bail Act 1982                                            87
2.    Constitution Acts Amendment Act 1899                     87
3.    Criminal Law (Mentally Impaired Defendants)
      Act 1996                                                 87
4.    Fines, Penalties and Infringement Notices
      Enforcement Act 1994                                     88
5.    Juries Act 1957                                          88
6.    Parole Orders (Transfer) Act 1984                        89
7.    Prisoners (Release for Deportation) Act 1989             89
8.    Prisons Act 1981                                         89
9.    Sentencing Act 1995                                      90
10.   Spent Convictions Act 1988                               91
11.   Young Offenders Act 1994                                 91




                                                              page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


 Sentencing Legislation Amendment and Repeal
                    Bill 2002

                               A Bill for


An Act --
•  to amend the Sentencing Act 1995 and the Road Traffic Act 1974;
•  to repeal the --
   •  Sentence Administration Act 1995;
   •  Sentence Administration Act 1999;
   •  Sentencing Legislation Amendment and Repeal Act 1999; and
   •  Sentencing Amendment Act 2000;
•  to amend the Sentencing Act 1995 and other Acts as a
   consequence of the enactment of the Sentence Administration
   Act 2003;
•  to amend various Acts in relation to the imposition of short
   sentences of imprisonment,
and for related purposes.


The Parliament of Western Australia enacts as follows:




                                                            page 1
     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Sentencing Legislation Amendment
5               and Repeal Act 2003.

     2.         Commencement
          (1)   Subject to subsection (3) this Act comes into operation on a day
                fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.
          (3)   Part 5 shall not be proclaimed to come into operation on a date
                that is within 6 months of the coming into operation of any
                other part of this Act or of the Sentence Administration Act 2003
                and in the event that it is proclaimed, no other part of this Act
10              nor of the Sentence Administration Act 2003 may be proclaimed
                to come into operation within 6 months of it having come into
                operation.




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                         Sentencing Legislation Amendment and Repeal Bill 2002
                                    Sentencing Act 1995 amended         Part 2
                                                      Preliminary  Division 1
                                                                           s. 3



                    Part 2 -- Sentencing Act 1995 amended
                             Division 1 -- Preliminary
     3.         The Act amended by this Part
                The amendments in this Part are to the Sentencing Act 1995*.
5               [* Reprinted as at 4 May 2001.
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 339-40 and Acts Nos. 24 of
                   2001 and 7 of 2002.]

            Division 2 -- Amendments about deferring sentencing
10   4.         Section 4 amended
          (1)   Section 4(1) is amended by inserting the following definitions in
                the appropriate alphabetical positions --
                "
                       "pre-sentence order" ("PSO") means a pre-sentence
15                         order made under Part 3A;
                       "speciality court" means a court --
                           (a) that is prescribed;
                           (b) that is sitting at a place prescribed; and
                           (c) that is dealing with offenders of a class
20                               prescribed,
                           by the regulations and that is constituted by a
                           judicial officer who is approved by the judicial
                           officer who heads the court so prescribed;
                                                                                ".
25        (2)   Section 4 is amended at the end of subsection (2) as follows:
                 (a) by deleting the full stop and inserting a semicolon instead;
                 (b) by inserting --
                       " "PSO" for pre-sentence order. ".


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     Part 2         Sentencing Act 1995 amended
     Division 2     Amendments about deferring sentencing
     s. 5



     5.        Section 20 amended
               After section 20(2) the following subsection is inserted --
          "
              (2a)   A court considering imposing a PSO must order a
5                    pre-sentence report about (among any other things) the
                     offender's suitability to be the subject of a PSO.
                                                                                 ".

     6.        Part 3A inserted
               After section 33 the following Part is inserted --
10   "
                        Part 3A -- Pre-sentence order
                                Division 1 -- General
          33A.       When PSO may be made
               (1)   In this section --
15                   "excluded offence" means --
                          (a) an offence the statutory penalty for which is
                                or includes mandatory imprisonment; or
                          (b) an offence under section 79 of the Prisons
                                Act 1981;
20                   "imprisonable offence" means an offence the
                          statutory penalty for which is or includes
                          imprisonment.
               (2)   This section applies if a court is sentencing an offender
                     for one or more imprisonable offences, none of which
25                   is an excluded offence, at a time when the offender is
                     neither serving nor is liable to serve a term of
                     imprisonment for another offence.




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               Sentencing Legislation Amendment and Repeal Bill 2002
                          Sentencing Act 1995 amended         Part 2
                 Amendments about deferring sentencing   Division 2
                                                                 s. 6



       (3)   If this section applies, the court may make a PSO in
             respect of the offender if it considers --
               (a) that the seriousness of the imprisonable offence
                      or offences warrants the imposition of a term of
5                     imprisonment under Part 13;
               (b) that a PSO would allow the offender to address
                      his or her criminal behaviour and any factors
                      which contributed to the behaviour; and
               (c) that if the offender were to comply with a PSO
10                    the court might not impose a term of
                      imprisonment under Part 13 for the offence or
                      offences.
       (4)   If the court makes a PSO in respect of an offender in
             respect of an imprisonable offence, the PSO applies in
15           respect of any other offence for which the court is
             sentencing offender, whether an imprisonable offence
             or not.
       (5)   A court must not make a PSO in respect of an offender
             unless it has received a pre-sentence report about the
20           offender.
       (6)   If a pre-sentence report says that the offender is
             suitable to be the subject of a PSO, but the court
             decides not to make a PSO in respect of the offender,
             the court must give written reasons for its decision.
25     (7)   In subsection (6) --
             "written reasons" includes reasons given orally and
                  subsequently transcribed.

     33B.    PSO: nature
       (1)   A PSO is an order that --
30             (a)   the offender must appear before the court at the
                     time and place specified in the PSO (the


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     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 2         Sentencing Act 1995 amended
     Division 2     Amendments about deferring sentencing
     s. 6



                           "sentencing day") to be sentenced for the
                           offence or offences to which the PSO applies;
                           and
                     (b)   while the PSO is in force the offender must
5                          comply with --
                             (i) the standard obligations in section 33D;
                                  and
                            (ii) such of the primary requirements in
                                  section 33E as the court imposes.
10            (2)   The sentencing day must not be more than 2 years after
                    the date on which the PSO is made.
              (3)   A PSO --
                     (a) comes into force on the day it is made; and
                     (b) ceases to be in force on the sentencing day or
15                        when a court cancels it, whichever happens first.

          33C.      Making a PSO
              (1)   If a court makes a PSO in respect of an offender, the
                    court must adjourn the sentencing of the offender to the
                    sentencing day.
20            (2)   When adjourning the sentencing under subsection (1)
                    the court may also order that the offender reappear
                    before the court prior to the sentencing day --
                      (a) at a time and place fixed by the court; or
                      (b) if and when summonsed by the court,
25                  so that the court can ascertain whether the offender is
                    complying with the PSO.
              (3)   An order may be made under subsection (2) on any
                    reappearance of the offender pursuant to a previous
                    order made under subsection (2).



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               Sentencing Legislation Amendment and Repeal Bill 2002
                          Sentencing Act 1995 amended         Part 2
                 Amendments about deferring sentencing   Division 2
                                                                 s. 6



       (4)   If an offender does not reappear before a court at the
             time and place fixed or in response to a summons
             issued by the court, the court may issue a warrant to
             have the offender arrested and brought before the court.
5      (5)   On the reappearance of an offender, section 33N
             applies.
       (6)   If a court makes a PSO in respect of an offender, it may
             grant the offender bail.

     33D.    PSO: standard obligations
10           The standard obligations of a PSO are that the
             offender --
               (a) must report to a community corrections centre
                    within 72 hours after being released by the
                    court, or as otherwise ordered by a speciality
15                  court or a CCO;
               (b) must notify a CCO of any change of address or
                    place of employment within 2 clear working
                    days after the change, or as otherwise ordered
                    by a speciality court;
20             (c) must not leave Western Australia except with,
                    and in accordance with, the permission of a
                    speciality court or the CEO; and
               (d) must comply with section 76 of the Sentence
                    Administration Act 2003.
25   33E.    PSO: primary requirements
             Every PSO must contain at least one of these primary
             requirements --
               (a) a supervision requirement under section 33F;
               (b) a programme requirement under section 33G;
30             (c) a curfew requirement under section 33H.


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     s. 6



          33F.      Supervision requirement
              (1)   The purpose of a supervision requirement is to allow
                    for the offender to be regularly monitored in the
                    community, and to receive regular counselling, in a
5                   way and to an extent decided by a CCO, for the
                    purpose of either or both --
                      (a) rehabilitating the offender;
                      (b) ensuring the offender complies with any
                            direction given by the court when imposing the
10                          requirement.
              (2)   The supervision requirement is a requirement that the
                    offender must contact a CCO, or receive visits from a
                    CCO, as ordered by a CCO.
              (3)   When imposing a supervision requirement, a court may
15                  give any directions it decides are necessary to secure
                    the good behaviour of the offender but the court is not
                    to make a direction --
                      (a) the effect of which could be achieved by
                           imposing a programme requirement; or
20                    (b) that requires the offender to pay compensation
                           or make restitution to any person or to perform
                           any community or other work.
              (4)   Unless a CCO orders otherwise, an offender subject to
                    a supervision requirement must contact a CCO at least
25                  once in any period of 8 weeks.
              (5)   If an offender does not comply with subsection (4), he
                    or she is to be taken to have breached the supervision
                    requirement.
              (6)   A supervision requirement ceases to be in force when
30                  the PSO ceases to be in force.



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               Sentencing Legislation Amendment and Repeal Bill 2002
                          Sentencing Act 1995 amended         Part 2
                 Amendments about deferring sentencing   Division 2
                                                                 s. 6



     33G.    Programme requirement
       (1)   The purpose of a programme requirement is --
              (a)   to allow for any personal factors which
                    contributed to the offender's criminal behaviour
5                   to be assessed; and
              (b)   to provide an opportunity for the offender to
                    recognise, to take steps to control and, if
                    necessary, to receive appropriate treatment for
                    those factors.
10     (2)   The programme requirement is a requirement that the
             offender must obey the orders of a speciality court or a
             CCO as to --
               (a) undergoing assessment by a medical
                    practitioner, a psychiatrist, a psychologist or a
15                  social worker, or more than one of them and, if
                    necessary, appropriate treatment;
               (b) undergoing assessment and, if necessary,
                    appropriate treatment in relation to the abuse of
                    alcohol, drugs or other substances;
20             (c) attending educational, vocational, or personal
                    development programmes or courses;
               (d) residing at a specified place for the purposes of
                    any of the matters in paragraph (a), (b) or (c);
               (e) more than one of the above.
25     (3)   A speciality court or a CCO must not order an offender
             to undergo treatment of any sort unless a person
             qualified to recommend or administer the treatment has
             recommended that the offender undergo such
             treatment.
30     (4)   A person is not to administer treatment of any sort
             mentioned in subsection (2) to an offender without the
             informed consent of the offender.

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     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 2         Sentencing Act 1995 amended
     Division 2     Amendments about deferring sentencing
     s. 6



               (5)   The requirements of a programme requirement
                     imposed as part of a PSO are additional to the
                     requirements of any other programme requirement
                     applicable to the offender under another PSO or a
5                    community order.
               (6)   A programme requirement ceases to be in force when a
                     speciality court or a CCO gives the offender notice to
                     that effect, or the PSO ceases to be in force, whichever
                     happens first.
10             (7)   A CCO must not give notice unless satisfied that the
                     offender has complied with the programme
                     requirement.

          33H.       Curfew requirement
               (1)   The purposes of the curfew requirement are --
15                    (a) to allow for the movements of an offender to be
                            restricted during periods when there is a high
                            risk of the offender offending; and
                      (b) to subject the offender to short periods of
                            detention at the place where the offender lives
20                          or at some other specified place.
               (2)   The curfew requirement is a requirement that the
                     offender --
                       (a) must remain at a specified place (the "specified
                            place"), for specified periods, subject to
25                          subsection (8); and
                       (b) must submit to surveillance or monitoring as
                            ordered by a speciality court or a CCO.
               (3)   The term of a curfew requirement must be set by the
                     court when it imposes the requirement; but the
30                   requirement must not be imposed so as to result in a
                     curfew requirement being in force, whether under a


     page 10
             Sentencing Legislation Amendment and Repeal Bill 2002
                        Sentencing Act 1995 amended         Part 2
               Amendments about deferring sentencing   Division 2
                                                               s. 6



           PSO or an ISO, for a continuous period that exceeds 6
           months.
     (4)   The term of a curfew is concurrent with the term of any
           other curfew requirement applicable to the offender
5          under another PSO or an ISO unless the court orders
           otherwise.
     (5)   At any one time the aggregate of the unexpired terms
           of curfew requirements applicable to the offender
           under PSOs or ISOs must not exceed 6 months.
10   (6)   The court may give directions as to the periods when
           the offender ought to be subject to a curfew.
     (7)   The offender is not to be required by the curfew
           requirement to remain at a place for periods that
           amount to less than 2 or more than 12 hours in any one
15         day.
     (8)   The offender may only leave the specified place during
           a specified period --
             (a) to obtain urgent medical or dental treatment for
                   the offender;
20           (b) for the purpose of averting or minimising a
                   serious risk of death or injury to the offender or
                   to another person;
             (c) to obey an order issued under a written law
                   (such as a summons) requiring the offender's
25                 presence elsewhere;
             (d) for a purpose approved of by a CCO; or
             (e) on the order of a CCO.
     (9)   The curfew requirement ceases to be in force when its
           term ends, or when the PSO ceases to be in force,
30         whichever happens first.



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     Sentencing Legislation Amendment and Repeal Bill 2002
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     Division 2     Amendments about deferring sentencing
     s. 6



               (10)   Without limiting the means by which the offender may
                      be kept under surveillance or monitored, a speciality
                      court or a CCO may, for the purposes of
                      subsection (2)(b), order an offender --
5                       (a) to wear any device; or
                        (b) to permit the installation of any device or
                              equipment at the place where the offender
                              resides.
               (11)   A CCO may give such reasonable directions to the
10                    offender as are necessary for the proper administration
                      of the curfew requirement.
               (12)   Without limiting subsection (11), if the offender is
                      authorised under subsection (8) to leave the specified
                      place, a CCO may give directions as to --
15                      (a) when the offender may leave;
                        (b) the period of the authorised absence;
                        (c) when the offender must return;
                        (d) the method of travel to be used by the offender
                              during the absence; and
20                      (e) the manner in which the offender must report
                              his or her whereabouts.
               (13)   To ascertain whether or not the offender is complying
                      with the curfew requirement, a CCO may, at any
                      time --
25                      (a) enter or telephone the specified place;
                        (b) enter or telephone the offender's place of
                              employment or any other place where the
                              offender is authorised or required to attend; or
                        (c) question any person at any place referred to in
30                            paragraph (a) or (b).



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                Sentencing Legislation Amendment and Repeal Bill 2002
                           Sentencing Act 1995 amended         Part 2
                  Amendments about deferring sentencing   Division 2
                                                                  s. 6



      (14)    A person must not --
                (a) hinder a person exercising powers under
                     subsection (13); or
               (b) fail to answer a question put pursuant to
5                    subsection (13)(c) or give an answer that the
                     person knows is false or misleading in a
                     material particular.
              Penalty: $2 000 and imprisonment for 12 months.
      (15)    In this section --
10            "specified" means specified by a speciality court or the
                   CEO from time to time.

     33I.     Performance reports
        (1)   A CCO must give a court a performance report about
              an offender who is subject to a PSO --
15              (a) if required to do so by the court and in the form
                      and at a forum directed by the speciality court;
                      and
                (b) in any event on or before the sentencing day.
        (2)   A CCO may give a court a performance report at any
20            time if the CCO considers it appropriate to do so.
        (3)   A performance report must report --
               (a) on the offender's behaviour while subject to the
                     PSO; and
               (b) if the report is required for a hearing prior to
25                   the sentencing day, on whether the offender is
                     suitable to continue to be the subject of a PSO.
        (4)   A performance report may be made --
               (a) by more than one person; and
               (b) in writing or orally.



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     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 2         Sentencing Act 1995 amended
     Division 2     Amendments about deferring sentencing
     s. 6



               (5)   A written performance report must not be given to
                     anyone other than the court and the CEO.
               (6)   A court may make a performance report available to
                     the prosecutor, the offender or to any other person, on
5                    such conditions as it thinks fit.

          33J.       Sentencing day: how offender to be dealt with
               (1)   When an offender appears before the court --
                      (a) on the sentencing day specified in the PSO; or
                      (b) as a result of a warrant issued under
10                         subsection (2),
                     the court is to sentence the offender.
               (2)   If an offender does not appear on the sentencing day
                     specified in the PSO, the court may issue a warrant to
                     have the offender arrested and brought before it.

15        33K.       Sentencing an offender after a PSO
               (1)   A court sentencing an offender who has been subject to
                     a PSO, whether on the sentencing day or on a day prior
                     to that day--
                       (a) must take into account the offender's behaviour
20                            while subject to the PSO; and
                       (b) may use any sentencing option available under
                              Part 5 to the court in respect of the offence
                              concerned.
               (2)   For the purposes of subsection (1), the court may
25                   adjourn the sentencing in order to obtain a performance
                     report made under section 33I or any other information
                     relevant to the offender's behaviour while subject to
                     the PSO.




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                Sentencing Legislation Amendment and Repeal Bill 2002
                           Sentencing Act 1995 amended         Part 2
                  Amendments about deferring sentencing   Division 2
                                                                  s. 6



       (3)    The court referred to in subsection (1) need not be
              constituted by the same judicial officer as constituted
              the court when the PSO was made.
       (4)    Nothing in this Part prevents a court from sentencing
5             an offender who was subject to a PSO more than
              2 years after the PSO was made.

             Division 2 -- Amending and enforcing PSOs
     33L.     Interpretation
       (1)    In this Division --
10            "requirement", in relation to a PSO, means the
                   standard obligations and primary requirements of
                   the PSO and any direction of the court that
                   imposed the order.
       (2)    Section 125(3), with any necessary changes, applies in
15            respect of references in this Division to the court that
              made a PSO in the same way as it applies in Part 18 to
              the court that imposed an order.
     33M.     Application to amend or cancel
       (1)    An application to amend or cancel a PSO may be made
20            only by the offender or a CCO.
       (2)    The application must be made --
               (a) if the Children's Court made the PSO, to that
                     court;
               (b) if a court of petty sessions made the PSO, to
25                   any court of petty sessions; or
               (c) if a superior court made the PSO, to that court.
       (3)    The application must be made in accordance with the
              regulations.
       (4)    On an application made under this section, section 33N
30            applies.

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          33N.       Court may confirm, amend or cancel PSO
               (1)   If on a reappearance ordered under section 33C(2) or
                     compelled under section 33C(2) or (4) or on an
                     application made under section 33M, a court is
5                    satisfied that the circumstances of the offender --
                       (a) were wrongly or inaccurately presented to the
                              court when it made the PSO; or
                       (b) have so altered since the court made the PSO
                              that --
10                               (i) the offender will not be able to comply
                                      with the requirements of the PSO; or
                                (ii) it is no longer appropriate for the
                                      offender to be subject to the PSO,
                     and that it is just to do so, or if the offender requests,
15                   the court may make an order under subsection (2) but
                     otherwise it must confirm the PSO.
               (2)   If a court may make an order under this subsection, it
                     may either --
                       (a) amend the PSO --
20                              (i) by amending or cancelling the primary
                                    requirements of the PSO or any
                                    direction given by the court that made
                                    the PSO;
                               (ii) by adding a primary requirement or
25                                  giving a direction that could have been
                                    given by the court that made the PSO;
                              (iii) subject to section 33B(2), by changing
                                    the sentencing day; or
                              (iv) by a combination of those;
30                           or
                       (b) cancel the PSO and sentence the offender.


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                                                                 s. 6



       (3)   A court that under subsection (2)(a) may amend a PSO
             that applies to an offender who is subject to one or
             more curfew requirements under PSOs or ISOs of
             6 months may, despite sections 33H(3) and (5)
5            and 75(3) and (5), amend any curfew requirement in
             the PSO by extending its term by not more than one
             month at a time or add a curfew requirement the term
             of which is not more than one month.
       (4)   If the court decides to cancel the last remaining
10           requirement of a PSO, the court must cancel the PSO
             and sentence the offender.
       (5)   On a reappearance ordered under section 33C(2) or
             compelled under section 33C(2) or (4) or on an
             application made under section 33M in respect of a
15           PSO, the court need not be constituted by the same
             judical officer as constituted the court when the PSO
             was made.

     33O.    Re-offending while subject to a PSO
       (1)   This section applies if --
20            (a) a court convicts a person of an offence the
                     statutory penalty for which is or includes
                     imprisonment; and
              (b) the offence was committed while the person
                     was subject to a PSO made in relation to
25                   another offence.
       (2)   The court --
              (a)   if it is the Children's Court, may deal with the
                    person under subsection (5) unless the PSO was
                    made by a superior court in which case it must
30                  commit the person to that court and that court
                    may deal with the person under subsection (5);



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     s. 6



                      (b)   if it is a court of petty sessions, may deal with
                            the person under subsection (5) unless the PSO
                            was made --
                               (i) by the Children's Court for an indictable
5                                     offence; or
                              (ii) by a superior court,
                            in which case the court must commit the person
                            to the court that made the PSO and that court
                            may deal with the person under subsection (5);
10                    (c)   if it is the District Court, may deal with the
                            person under subsection (5) unless the PSO was
                            made by the Children's Court or the Supreme
                            Court for an offence which the District Court
                            would not have jurisdiction to deal with if it
15                          were committed by an adult, in which case the
                            Court must commit the person to the court that
                            made the PSO and that court may deal with the
                            person under subsection (5);
                      (d)   if it is the Supreme Court, may deal with the
20                          person under subsection (5).
               (3)   A court that under subsection (2) commits a person to
                     another court must certify that the person has been
                     convicted of an offence committed while subject to a
                     PSO.
25             (4)   Subsection (2) does not affect the powers of the court
                     that convicts a person of the offence committed while
                     the person was subject to a PSO to deal with the person
                     for that offence.
               (5)   A court that may deal with an offender under this
30                   subsection may --
                       (a) if the PSO is in force --
                               (i) confirm the PSO;


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                  Amendments about deferring sentencing   Division 2
                                                                  s. 6



                      (ii)   amend the PSO in any of the ways
                             described in section 33N(2)(a); or
                      (iii) cancel the PSO and sentence the
                             offender.
5              (b)   if the PSO is not in force and the offender has
                     been sentenced for the offence or offences to
                     which the PSO applied, recall the order
                     imposing the sentence and impose a sentence
                     that takes account of --
10                      (i) the fact that the offender committed an
                             offence while subject to the PSO; and
                       (ii) the extent to which the offender has
                             complied with any orders made under
                             the sentence imposed for the offence or
15                           offences to which the PSO applied.

     33P.    Breach etc. of PSO, powers of CEO and court
       (1)   If --
               (a)   an offender is subject to a PSO; and
               (b)   the CEO, has reasonable grounds to believe that
20                   the offender has been, is, or is likely to be, in
                     breach of any requirement of the PSO,
             the CEO may issue a warrant to have the offender
             arrested and brought before --
               (a) the court that made the PSO, if the Children's
25                   Court or a superior court made the PSO;
               (b) a court of petty sessions, if the PSO was made
                     by such a court.
       (2)   The warrant must be in the prescribed form.
       (3)   If the court before which the offender is brought is
30           satisfied that the offender has been, is, or is likely to



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     Division 2     Amendments about deferring sentencing
     s. 6



                     be, in breach of any requirement of the PSO, the court
                     may --
                       (a) amend the PSO in any of the ways described in
                             section 33N(2)(a); or
5                      (b) cancel the PSO and sentence the offender,
                     but otherwise must confirm the PSO.
               (4)   Proceedings under this section may be dealt with
                     simultaneously with any proceedings under section 55
                     of the Bail Act 1982.

10        33Q.       Facilitation of proof
               (1)   This section applies only in relation to proceedings
                     under this Part.
               (2)   A copy of a PSO certified by the court that made it is,
                     in the absence of evidence to the contrary, evidence of
15                   its contents.
               (3)   A copy of an order amending a PSO certified by the
                     court that made it is, in the absence of evidence to the
                     contrary, evidence of its contents.
               (4)   A certificate of a court under section 33O(3) is, in the
20                   absence of evidence to the contrary, evidence of its
                     contents.
               (5)   In proceedings before a court under section 33P,
                     evidence of an alleged breach of a requirement of a
                     PSO may be given by tendering a certificate signed by
25                   the CEO stating the particulars of the alleged breach.
               (6)   Section 134(6) applies to a certificate referred to in
                     subsection (5).
                                                                                ".




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                              Amendments about sentencing options   Division 3
                                                                            s. 7



     7.           Section 66 amended
                  Section 66(5) is amended by deleting "imposed as part of any
                  other community order." and inserting instead --
                  "
5                       applicable to the offender under a community order or
                        a PSO.
                                                                                     ".

     8.           Section 73 amended
                  Section 73(5) is amended by deleting "imposed as part of any
10                other community order." and inserting instead --
                  "
                        applicable to the offender under a community order or
                        a PSO.
                                                                                     ".

15               Division 3 -- Amendments about sentencing options
     9.           Section 9 amended
           (1)    Section 9(4) is repealed.
           (2)    Section 9(5) is amended by deleting "Subsection (4) does not
                  prevent a court" and inserting instead --
20                "
                        The fact that a court is required to impose a mandatory
                        penalty or a minimum penalty does not prevent it
                                                                                     ".

     10.          Section 41 amended
25         (1)    Section 41(1) is amended by deleting "imprisonment only" and
                  inserting instead --
                  "   such that imprisonment but not a fine may be imposed      ".



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     Division 3     Amendments about sentencing options
     s. 11



           (2)        After section 41(2) the following subsection is inserted --
                 "
                     (2a)   If the statutory penalty for the offence is such that
                            imprisonment must be imposed, then despite
5                           subsection (2) the court must impose a term of
                            imprisonment in accordance with the statutory penalty,
                            unless the written law creating the offence provides
                            otherwise.
                                                                                         ".

10   11.              Section 42 amended
                      After section 42(2) the following subsection is inserted --
                 "
                     (2a)   If the statutory penalty for the offence is such that both
                            a minimum fine and imprisonment may be imposed,
15                          then despite subsection (2) the court must impose one
                            or both of the following --
                              (a)   a fine that is at least the minimum fine and not
                                    more than any maximum fine for the offence;
                             (b)    a sentencing option in section 39(2) that is
20                                  listed after section 39(2)(c),
                            unless the written law creating the offence provides
                            otherwise.
                                                                                         ".

     12.              Section 43 amended
25                    After section 43(2) the following subsection is inserted --
                 "
                     (2a)   If the statutory penalty for the offence is such that
                            either a minimum fine or imprisonment may be



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                                     Amendments about imprisonment     Division 4
                                                                              s. 13



                           imposed, then despite subsection (2) the court must
                           impose one of the following but not both --
                             (a) a fine that is at least the minimum fine and not
                                  more than any maximum fine for the offence;
5                            (b) a sentencing option in section 39(2) that is
                                  listed after section 39(2)(c),
                           unless the written law creating the offence provides
                           otherwise.
                                                                                     ".

10   13.             Section 44 amended
           (1)       Section 44 is amended as follows:
                      (a) by inserting before "If the statutory" the subsection
                            designation "(1)";
                      (b) by deleting "a fine only" and inserting instead --
15                   "
                           such that a fine but not imprisonment may be imposed
                                                                                     ".
           (2)       At the end of section 44 the following subsection is inserted --
                 "
20                   (2)   If the statutory penalty for an offence is such that a
                           minimum fine must be imposed, then despite
                           subsection (1) the court must impose a fine that is at
                           least the minimum fine and not more than any
                           maximum fine for the offence, unless the written law
25                         creating the offence provides otherwise.
                                                                                     ".

                     Division 4 -- Amendments about imprisonment
     14.             Section 4 amended
                     Section 4(1) is amended by deleting the definition of "parole
30                   order".

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     Division 4     Amendments about imprisonment
     s. 15



     15.             Section 76 amended
           (1)       Section 76(3)(a) is amended by deleting "(as defined in
                     Part 13)".
           (2)       After section 76(3) the following subsection is inserted --
5                "
                     (4)   In subsection (3)(a) --
                           "early release order" means --
                                (a) a parole order, home detention order, or
                                     work release order, made under the Sentence
10                                   Administration Act 1995; or
                                (b) a parole order, or re-entry release order,
                                     made under the Sentence Administration
                                     Act 2003.
                                                                                     ".

15   16.             Section 85 amended
           (1)       Section 85(1) is amended by deleting the definition of "early
                     release order".
           (2)       Section 85(1) is amended by inserting in the appropriate
                     alphabetical position the following definition --
20                   "
                           "parole order" means an order made under Part 3 of
                               the Sentence Administration Act 2003 that a
                               prisoner be released on parole and includes a
                               parole order made for the purposes of section 72 or
25                             73 of that Act;
                                                                                     ".
           (3)       Section 85(1) is amended in the definition of "prescribed term"
                     by deleting paragraph (a).




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                                         Amendments about imprisonment     Division 4
                                                                                  s. 17



           (4)       Section 85(2), (3) and (4) are repealed and the following
                     subsections are inserted instead --
                 "
                     (2)       For the purposes of this Part and Part 11 and for the
5                              purposes of the Sentence Administration Act 2003, the
                               aggregate of 2 or more fixed terms is the total effective
                               period of imprisonment imposed on the offender
                               having regard to whether the fixed terms are to be
                               served concurrently or partly concurrently or
10                             cumulatively.
                     (3)       For the purposes of this Part and of the Sentence
                               Administration Act 2003, to calculate the length in days
                               of one-half of a fixed term --
                                 (a) determine the dates on which the term as
15                                     imposed by the court will begin and end and
                                       then express the term as a number of
                                       days ("T"); and
                                 (b) then divide T by 2 and disregard any remainder.
                     (4)       In this Part and in the Sentence Administration
20                             Act 2003, a fixed term ends when the term as imposed
                               by the court ends, and it does not matter if the prisoner
                               has been released before then.
                                                                                           ".

     17.             Section 88 amended
25         (1)       Section 88(3)(d) is deleted and the following paragraph is
                     inserted instead --
                           "
                                (d)    the fixed term is to be served partly
                                       concurrently with the other fixed term.
30                                                                                         ".




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     Sentencing Legislation Amendment and Repeal Bill 2002
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     Division 4     Amendments about imprisonment
     s. 18



           (2)       Section 88(4) is repealed and the following subsection is
                     inserted instead --
                 "
                     (4)   If under subsection (3)(d) a court orders that a term is
5                          to be served partly concurrently with another fixed
                           term, the court must specify the period of the other
                           fixed term that is to be served before the partly
                           concurrent term is to begin, but that period must not
                           extend beyond the earliest date on which the offender
10                         could be released (whether on parole or not) in relation
                           to the other fixed term.
                                                                                        ".
     18.             Section 89 replaced
                     Section 89 is repealed and the following section is inserted
15                   instead --
     "
             89.           Offender may be made eligible for parole
                     (1)   A court sentencing an offender to a fixed term may
                           order that the offender be eligible for parole in respect
20                         of that term by making a parole eligibility order.
                     (2)   A parole eligibility order must not be made if the fixed
                           term or the aggregate of the fixed terms is less than
                           12 months, except where the offender, at the date of the
                           sentence, is serving or has yet to serve a parole term
25                         imposed previously.
                     (3)   A parole eligibility order must not be made in respect
                           of a prescribed term.
                     (4)   A court may decide not to make a parole eligibility
                           order in respect of a fixed term imposed on an offender
30                         if the court considers that the offender should not be
                           eligible for parole because of at least 2 of the following
                           4 factors --
                              (a) the offence is serious;

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                           Amendments about imprisonment     Division 4
                                                                    s. 19



                  (b)    the offender has a significant criminal record;
                   (c)   the offender, when released from custody under
                         a release order made previously, did not
                         comply with the order;
5                 (d)    any other reason the court considers relevant.
           (5)   If a court decides that an offender is to be eligible for
                 parole in respect of 2 or more of the fixed terms it
                 imposes, it is to make a single parole eligibility order in
                 respect of those terms.
10         (6)   The effect of a parole eligibility order made in respect
                 of 2 or more fixed terms is subject to section 94.
           (7)   This section does not affect the operation of Part 3
                 Division 4 of the Sentence Administration Act 2003 in
                 relation to the release on parole of a prisoner to whom
15               that Division applies.
           (8)   In subsection (4) --
                 "release order" means an order made (in this State or
                     elsewhere in Australia) in respect of an offender
                     who is subject to a sentence of imprisonment that
20                   releases the offender on conditions before the end
                     of the sentence, and includes such an order made
                     under a written law before the commencement of
                     the Sentencing Legislation Amendment and Repeal
                     Act 2003.
25                                                                             ".

     19.   Section 92 repealed
           Section 92 is repealed.




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     Sentencing Legislation Amendment and Repeal Bill 2002
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     Division 4     Amendments about imprisonment
     s. 20



     20.         Sections 93 to 95 replaced
                 Sections 93, 94 and 95 are repealed and the following sections
                 are inserted instead --
     "
5          93.         Release from parole term
                 (1)   Subject to section 94, a prisoner serving a parole term
                       is eligible to be released on parole --
                          (a) if the term served is four years or less -- when
                                he or she has served one-half of the term; or
10                       (b) if the term served is more than four years --
                                when he or she has served 2 years less than the
                                term.
                 (2)   Any order for the release on parole of a prisoner to
                       whom subsection (1) applies must be made in
15                     accordance with Part 3 of the Sentence Administration
                       Act 2003.
                 (3)   If a prisoner serving a parole term has not been
                       released on parole before the term ends, the prisoner is
                       discharged from that sentence when the term ends and,
20                     subject to Part 2 Division 2 of the Sentence
                       Administration Act 2003, must be released then.

           94.         Aggregation of parole terms for certain purposes
                 (1)   In the case of a prisoner serving 2 or more parole
                       terms --
25                       (a) the time when he or she is eligible to be
                               released on parole; and
                         (b) the parole period for such a prisoner,
                       are to be calculated by reference to the aggregate of
                       those terms, but only if under subsection (3) or (4)
30                     those terms are to be aggregated.



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                     Amendments about imprisonment     Division 4
                                                              s. 20



     (2)   If under this section the matters referred to in
           subsection (1) are not to be calculated by reference to
           the aggregate of 2 or more parole terms, the matters are
           to be calculated in respect of each of the 2 or more
5          parole terms separately.
     (3)   A parole term imposed at the same time as another
           parole term is to be aggregated with that other term for
           the purposes of subsection (1) unless it is to be served
           partly concurrently with that other term.
10   (4)   A parole term imposed at a different time to another
           parole term is to be aggregated with that other term for
           the purposes of subsection (1) unless --
             (a) it is to be served concurrently with that other
                   term or partly concurrently with it; or
15           (b) the other term was imposed before the
                   commencement of Part 2 Division 4 of the
                   Sentencing Legislation Amendment and Repeal
                   Act 2003.
     (5)   Subject to this section, a parole term, or an aggregate
20         of parole terms, may be aggregated with the aggregate
           of 2 or more other parole terms, but a parole term, or
           an aggregate of parole terms, imposed before the
           commencement of Part 2 Division 4 of the Sentencing
           Legislation Amendment and Repeal Act 2003 is not to
25         be aggregated with a parole term, or aggregate of
           parole terms, imposed after that commencement.
     (6)   For the purposes of applying this section a reference in
           this Part or in the Sentence Administration Act 2003 to
           a prisoner serving a parole term is, where necessary, to
30         be taken as including a reference to a prisoner serving
           more than one parole term and in such a case, if under
           this section the terms can be aggregated, the reference
           to the term is to be taken as being a reference to the
           aggregate of the terms.

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     Division 4     Amendments about imprisonment
     s. 21



      Table showing some examples of the operation of this section and sections 88
      and 93, and section 7 of the Sentence Administration Act 2003
      Parole      Parole Whether                Effect
      term 1      term 2 concurrent etc.
      4 years     6 years Concurrent             Aggregation of terms permitted for
                                                 parole calculations.
                                                 Aggregate = 6 years.
                                                 Non-parole period = 3 years.
                                                 (Calculated on aggregate).
                                                 If not paroled, serve 6 years.
      4 years     6 years Cumulative             Aggregation of terms permitted for
                                                 parole calculations.
                                                 Aggregate = 10 years.
                                                 Non-parole period = 5 years.
                                                 (Calculated on aggregate).
                                                 If not paroled, serve 10 years.
      4 years     6 years Partly concurrent:     Aggregation of terms not permitted for
                          1 year of term 1 to be parole calculations.
                          served before term 2 Serve 1 year of term 1.
                          begins.                Then begin serving term 2
                          (See s. 88(4))         concurrently with rest of term 1.
                                                 Non-parole period on term 2 = 3 years.
                                                 Result: serve 4 years before eligible
                                                 for parole.
                                                 If not paroled, serve 7 years.

           95.        Release from fixed term that is not parole term
                      A prisoner serving a fixed term that is not a parole term
                      is discharged from that sentence at the end of the term
                      and, subject to Part 2 Division 2 of the Sentence
5                     Administration Act 2003, must be released then.
                                                                                          ".
     21.         Section 100 amended
                 Section 100 is amended by deleting "an early release order (as
                 defined in Part 13)" and inserting instead --
10               "
                       a parole order or a re-entry release order made under
                       the Sentence Administration Act 2003
                                                                                          ".

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                             Sentencing Legislation Amendment and Repeal Bill 2002
                                        Sentencing Act 1995 amended         Part 2
                                                 General amendments    Division 5
                                                                              s. 22



     22.             Transitional provisions
                     Schedule 1 has effect in relation to the amendments effected by
                     this Division.

                            Division 5 -- General amendments
5    23.             Section 4 amended
           (1)       Section 4(1) is amended by inserting in the appropriate
                     alphabetical position the following definition --
                     "
                           "spent conviction order" has the meaning given by
10                             section 45(2);
                                                                                       ".
           (2)       After section 4(2) the following subsection is inserted --
                 "
                     (3)   Examples in this Act are provided to assist
15                         understanding and do not form part of the Act.
                                                                                       ".

     24.             Section 34 amended
           (1)       Section 34 is amended by inserting before "A" the subsection
                     designation "(1)".
20         (2)       At the end of section 34 the following subsections are
                     inserted --
                 "
                     (2)   If a court sentencing an offender imposes a fixed term
                           (as defined in section 85), the court is to state in open
25                         court the minimum period that the offender, as a result
                           of the sentence and the operation of this Act, will serve
                           in custody in respect of the term or, if more than one
                           term is imposed, in respect of the aggregate of the
                           terms.


                                                                                 page 31
     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 2         Sentencing Act 1995 amended
     Division 5     General amendments
     s. 25



                     (3)    In complying with subsection (2) a court need not take
                            account of any other sentence of imprisonment
                            imposed previously on the offender which the offender
                            is serving or has yet to serve.
5                                                                                      ".

     25.             Section 75 amended
           (1)       Section 75(1) is amended by inserting after paragraph (a) --
                     "     and   ".
           (2)       Section 75(2)(a) and "and" after it are deleted and the following
10                   is inserted instead --
                           "
                              (a) must remain at a specified place (the "specified
                                    place"), for specified periods, subject to
                                    subsection (8); and
15                                                                                   ".
           (3)       Section 75(3) to (9) are repealed and the following subsections
                     are inserted instead --
                 "
                     (3)    The term of a curfew requirement must be set by the
20                          court when it imposes the requirement; but the
                            requirement must not be imposed so as to result in a
                            curfew requirement being in force, whether under an
                            ISO or a PSO, for a continuous period that exceeds
                            6 months.
25                   (4)    The term of a curfew is concurrent with the term of any
                            other curfew requirement applicable to the offender
                            under another ISO or a PSO, unless the court orders
                            otherwise.
                     (5)    At any one time the aggregate of the unexpired terms
30                          of curfew requirements applicable to the offender
                            under ISOs or PSOs must not exceed 6 months.


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              Sentencing Legislation Amendment and Repeal Bill 2002
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                                  General amendments    Division 5
                                                               s. 25



      (6)   The court may give directions as to the periods when
            the offender ought to be subject to a curfew.
      (7)   The offender is not to be required by the curfew
            requirement to remain at a place for periods that
5           amount to less than 2 or more than 12 hours in any one
            day.
      (8)   The offender may only leave the specified place during
            a specified period --
              (a) to do community corrections activities as
10                  required under this Act or the Sentence
                    Administration Act 2003;
              (b) to obtain urgent medical or dental treatment for
                    the offender;
              (c) for the purpose of averting or minimising a
15                  serious risk of death or injury to the offender or
                    to another person;
              (d) to obey an order issued under a written law
                    (such as a summons) requiring the offender's
                    presence elsewhere;
20            (e) for a purpose approved of by a CCO; or
               (f) on the order of a CCO.
      (9)   The curfew requirement ceases to be in force when its
            term ends, or when the ISO ceases to be in force,
            whichever happens first.
25   (10)   Without limiting the means by which the offender may
            be kept under surveillance or monitored, a CCO may,
            for the purposes of subsection (2)(b), order the
            offender --
              (a) to wear any device; or
30            (b) to permit the installation of any device or
                    equipment at the place where the offender
                    resides.


                                                                 page 33
     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 2         Sentencing Act 1995 amended
     Division 5     General amendments
     s. 25



               (11)   A CCO may give such reasonable directions to the
                      offender as are necessary for the proper administration
                      of the curfew requirement.
               (12)   Without limiting subsection (11), if the offender is
5                     authorised under subsection (8) to leave the specified
                      place, a CCO may give directions as to --
                        (a) when the offender may leave;
                        (b) the period of the authorised absence;
                        (c) when the offender must return;
10                      (d) the method of travel to be used by the offender
                              during the absence; and
                        (e) the manner in which the offender must report
                              his or her whereabouts.
               (13)   To ascertain whether or not the offender is complying
15                    with the curfew requirement, a CCO may, at any
                      time --
                        (a) enter or telephone the specified place;
                        (b) enter or telephone the offender's place of
                              employment or any other place where the
20                            offender is authorised or required to attend; or
                        (c) question any person at any place referred to in
                              paragraph (a) or (b).
               (14)   A person must not --
                        (a) hinder a person exercising powers under
25                           subsection (13); or
                       (b) fail to answer a question put pursuant to
                             subsection (13)(c) or give an answer that the
                             person knows is false or misleading in a
                             material particular.
30                    Penalty: $2 000 and imprisonment for 12 months.




     page 34
                     Sentencing Legislation Amendment and Repeal Bill 2002
                                Sentencing Act 1995 amended         Part 2
                                         General amendments    Division 5
                                                                      s. 26



            (15)   In this section --
                   "specified" means specified by the CEO from time to
                        time.
                                                                             ".
5    26.     Section 137 replaced
             Section 137 is repealed and the following section is inserted
             instead --
     "
           137.    Royal Prerogative of Mercy not affected
10                 Neither this Act nor the Sentence Administration
                   Act 2003 affects the Royal Prerogative of Mercy or
                   limits any exercise of it.
                                                                             ".




                                                                        page 35
     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 3         Road Traffic Act 1974 amended

     s. 27



                Part 3 -- Road Traffic Act 1974 amended
     27.       The Act amended by this Part
               The amendment in this Part is to the Road Traffic Act 1974*.
               [* Reprinted as at 19 October 2001.
5                 For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 329-30 and Acts Nos. 4, 5 and
                  7 of 2002 and Gazette 17 May 2002 p. 2558-60.]

     28.       Section 106 replaced by sections 106 and 106A
               Section 106 is repealed and the following sections are inserted
10             instead --
     "
             106.    Sentencing for certain offences
               (1)   In this section --
                     "minimum fine" means a pecuniary penalty provided
15                      for or in relation to an offence that is expressed to
                        be a minimum penalty, whether by the use of the
                        expression "minimum penalty" or "not less than"
                        or another like expression.
               (2)   Without limiting the Sentencing Act 1995, and despite
20                   any other written law, a minimum fine in this Act is
                     irreducible in mitigation.
               (3)   A court sentencing a person who has been convicted
                     of --
                       (a) a first offence against section 63 or 67; or
25                     (b) an offence against section 64 or 67A,
                     may, instead of imposing a fine --
                      (c) order the release of the person and impose a
                            community based order under Part 9 of the
                            Sentencing Act 1995 with at least the

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             Sentencing Legislation Amendment and Repeal Bill 2002
                       Road Traffic Act 1974 amended        Part 3

                                                                 s. 28



                  community service requirement as a primary
                  requirement of the order; or
            (d)   if the offender is a young person under the
                  Young Offenders Act 1994, subject to
5                 sections 50, 50A and 50B of that Act, make a
                  youth community based order under that Act
                  imposing at least community work conditions
                  on the offender.
     (4)   If a court sentencing a person who has been convicted
10         of --
             (a) an offence against section 49 committed in the
                   circumstances mentioned in section 49(2); or
             (b) a second or subsequent offence against
                   section 63 or 67,
15         orders the release of the offender and imposes a
           community based order or an intensive supervision
           order under the Sentencing Act 1995, the court must
           impose at least the community service requirement as a
           primary requirement of the order.
20   (5)   If a court sentencing a person who has been convicted
           of --
             (a) an offence against section 49 committed in the
                   circumstances mentioned in section 49(2); or
             (b) a second or subsequent offence against
25                 section 63 or 67,
           orders the release of the offender and imposes a youth
           community based order or an intensive youth
           supervision order under the Young Offenders Act 1994,
           the court must impose community work conditions on
30         the offender as part of the order.




                                                             page 37
     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 3         Road Traffic Act 1974 amended

     s. 28



             106A.   Mandatory disqualification
               (1)   If this Act requires a court to disqualify an offender
                     from holding or obtaining a driver's licence --
                       (a) for a specific period provided in relation to the
5                             offence concerned (including permanent
                              disqualification);
                       (b) for a period not less than a minimum period
                              provided in relation to the offence concerned;
                              or
10                     (c) for a period not less than a minimum period,
                              and not more than a maximum period, provided
                              in relation to the offence concerned,
                     the requirement is irreducible in mitigation and,
                     irrespective of any sentence the court imposes on the
15                   offender, the court must disqualify the offender --
                       (d) for that period;
                        (e) for a period not less than that minimum period;
                             or
                        (f) for a period not less than that minimum period
20                           and not more than that maximum period.
               (2)   Subsection (1) has effect despite any other written law.
                                                                                ".




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                         Sentencing Legislation Amendment and Repeal Bill 2002
                                   Repeal of sentencing legislation     Part 4

                                                                                 s. 29



                 Part 4 -- Repeal of sentencing legislation
     29.         Sentence Administration Act 1995 repealed and
                 consequential amendments
           (1)   The Sentence Administration Act 1995 is repealed.
5          (2)   Schedule 1 has effect in relation to the repeal effected by
                 subsection (1).
           (3)   Schedule 2 has effect.

     30.         Sentence Administration Act 1999 repealed
                 The Sentence Administration Act 1999 is repealed.

10   31.         Sentencing Legislation Amendment and Repeal Act 1999
                 repealed
                 The Sentencing Legislation Amendment and Repeal Act 1999 is
                 repealed.

     32.         Sentencing Amendment Act 2000 repealed
15               The Sentencing Amendment Act 2000 is repealed.




                                                                               page 39
     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 5         Amendments about short sentences

     s. 33



                 Part 5 -- Amendments about short sentences
     33.          Sentencing Act 1995 amended
           (1)    The amendments in this section are to the Sentencing Act 1995*.
                  [* Reprinted as at 4 May 2001.
5                    For subsequent amendments see 2001 Index to Legislation of
                     Western Australia, Table 1, p. 339-40, and Acts Nos. 24 of
                     2001 and 7 of 2002.]
           (2)    Section 44(a) is deleted and the following paragraph is inserted
                  instead --
10                    "
                          (a)    if the offender is a natural person --
                                    (i) use any one of the sentencing options in
                                         section 39(2)(a), (b) and (c); or
                                   (ii) in the case of an offence prescribed for
15                                       the purposes of this section, use any one
                                         of the sentencing options in
                                         section 39(2)(a), (b), (c) and (d);
                                                                                     ".
           (3)    Section 86 is amended by deleting "3 months" in both places
20                where it occurs and in each place inserting instead --
                  "   6 months    ".

     34.          Aboriginal Affairs Planning Authority Act 1972 amended
           (1)    The amendments in this section are to the Aboriginal Affairs
                  Planning Authority Act 1972*.
25                [* Reprinted as at 5 February 1999.]
           (2)    Section 49(1) is amended by deleting "for a period of 6 months
                  or more".




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                             Sentencing Legislation Amendment and Repeal Bill 2002
                                   Amendments about short sentences         Part 5

                                                                                    s. 35



           (3)       Section 50 is repealed and the following section is inserted
                     instead --
     "
             50.           Penalties
5                          A person who commits an offence against this Act for
                           which no penalty is specifically provided is liable on
                           conviction to --
                             (a) for a first offence, $1 000 or imprisonment for
                                  9 months;
10                           (b) for a second or subsequent offence, $5 000 or
                                  imprisonment for 12 months.
                                                                                       ".
           (4)       Section 51(3) is repealed and the following subsection is
                     inserted instead --
15               "
                     (3)   Regulations may create offences and provide, in
                           respect of an offence so created, for the imposition of a
                           penalty of --
                             (a) for a first offence, $1 000 and imprisonment for
20                                 9 months;
                             (b) for a second or subsequent offence, $5 000 and
                                   imprisonment for 12 months.
                                                                                       ".

     35.             Aboriginal Heritage Act 1972 amended
25         (1)       The amendments in this section are to the Aboriginal Heritage
                     Act 1972*.
                     [* Reprinted as at 16 February 2001.]




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     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 5         Amendments about short sentences

     s. 36



           (2)       Section 57(1) is repealed and the following subsection is
                     inserted instead --
                 "
                     (1)     A person who commits an offence against this Act for
5                            which no penalty is specifically provided is liable, on
                             summary conviction --
                               (a) in the case of an individual, to --
                                      (i) for a first offence, $20 000 and
                                            imprisonment for 9 months; and
10                                   (ii) for a second or subsequent offence,
                                            $40 000 and imprisonment for 2 years,
                                    and in any case, to a daily penalty of $400; and
                               (b) in the case of a body corporate, to --
                                      (i) for a first offence, $50 000; and
15                                   (ii) for a second or subsequent offence,
                                            $100 000,
                                    and in any case, to a daily penalty of $1 000.
                                                                                       ".

     36.             Aerial Spraying Control Act 1966 amended
20         (1)       The amendments in this section are to the Aerial Spraying
                     Control Act 1966*.
                     [* Reprinted as approved 28 August 1983.
                        For subsequent amendments see 2001 Index to Legislation of
                        Western Australia, Table 1, p. 7.]
25         (2)       Sections 6 and 9(4) are each amended by deleting the penalty
                     clause and inserting the following penalty clause instead --
                     "     Penalty: $2 000.   ".
           (3)       Section 19(1)(m) is amended by deleting "or imprisonment for
                     six months, or both,".



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                         Sentencing Legislation Amendment and Repeal Bill 2002
                               Amendments about short sentences         Part 5

                                                                               s. 37



     37.         Bail Act 1982 amended
           (1)   The amendments in this section are to the Bail Act 1982*.
                 [* Reprinted as at 27 August 1999.
                    For subsequent amendments see 2001 Index to Legislation of
5                   Western Australia, Table 1, p. 27 and Act No. 6 of 2002.]
           (2)   Section 20(4) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".
           (3)   Section 50C(3) is amended by deleting the penalty clause and
10               inserting the following penalty clause instead --
                 "   Penalty: $2 000 and imprisonment for 12 months.    ".
           (4)   Section 50D(2) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $2 000.   ".
15         (5)   Section 60 is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".

     38.         Biological Control Act 1986 amended
           (1)   The amendments in this section are to the Biological Control
20               Act 1986*.
                 [* Act No. 106 of 1986.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 33.]
           (2)   Sections 41 and 43 are each amended by deleting the penalty
25               clause and inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".



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     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 5         Amendments about short sentences

     s. 39



     39.         Botanic Gardens and Parks Authority Act 1998 amended
           (1)   The amendments in this section are to the Botanic Gardens and
                 Parks Authority Act 1998*.
                 [* Act No. 53 of 1998.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 34.]
           (2)   Section 30 is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $5 000.        ".
10   40.         Boxing Control Act 1987 amended
           (1)   The amendments in this section are to the Boxing Control
                 Act 1987*.
                 [* Act No. 2 of 1987.
                    For subsequent amendments see 2001 Index to Legislation of
15                  Western Australia, Table 1, p. 34.]
           (2)   Section 24 is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000 and imprisonment for 9 months.   ".
           (3)   Section 38 is amended by deleting the penalty clause and
20               inserting the following penalty clause instead --
                 "   Penalty: $1 000.        ".
     41.         Business Names Act 1962 amended
           (1)   The amendments in this section are to the Business Names
                 Act 1962*.
25               [* Reprinted as at 16 February 2001.]
           (2)   Section 5A(2) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $400.     ".

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                         Sentencing Legislation Amendment and Repeal Bill 2002
                               Amendments about short sentences         Part 5

                                                                               s. 42



     42.         Cattle Industry Compensation Act 1965 amended
           (1)   The amendments in this section are to the Cattle Industry
                 Compensation Act 1965*.
                 [* Reprinted as at 20 August 1999.]
5          (2)   Section 37(1) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $3 000.        ".

     43.         Cemeteries Act 1986 amended
           (1)   The amendments in this section are to the Cemeteries
10               Act 1986*.
                 [* Reprinted as at 3 April 2002.]
           (2)   Section 62 is amended by deleting "and is liable to a fine of
                 $1 000 or imprisonment for 6 months, or both" and inserting the
                 following penalty clause at the end of the section --
15               "   Penalty: $1 000.        ".

     44.         Child Welfare Act 1947 amended
           (1)   The amendments in this section are to the Child Welfare
                 Act 1947*.
                 [* Reprinted as at 12 July 1995.
20                  For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 50.]
           (2)   Sections 130A(5) and 138A are each amended by deleting the
                 penalty clause and inserting the following penalty clause
                 instead --
25               "   Penalty: $400.     ".




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     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 5         Amendments about short sentences

     s. 45



     45.         Community Services Act 1972 amended
           (1)   The amendments in this section are to the Community Services
                 Act 1972*.
                 [* Reprinted as at 5 April 2002.]
5          (2)   Section 17A(3) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "
                      Penalty: For a first offence, $2 000 and a daily penalty
                               of $200.
10                             For a subsequent offence, $4 000 and a daily
                               penalty of $400.
                                                                                 ".

     46.         Companies (Co-operative) Act 1943 amended
           (1)   The amendments in this section are to the Companies
15               (Co-operative) Act 1943*.
                 [* Reprinted as at 14 January 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 60.]
           (2)   Sections 280(1) and 425 are each amended by deleting
20               "6 months" and inserting instead --
                 "   9 months   ".

     47.         Conservation and Land Management Act 1984 amended
           (1)   The amendments in this section are to the Conservation and
                 Land Management Act 1984*.
25               [* Reprinted as at 26 March 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 62 and Act No. 6 of 2002.]




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                         Sentencing Legislation Amendment and Repeal Bill 2002
                               Amendments about short sentences         Part 5

                                                                               s. 48



           (2)   Sections 105(1) and 106 are each amended by deleting the
                 penalty clause and inserting the following penalty clause
                 instead --
                 "   Penalty: $4 000.   ".
5    48.         Conspiracy and Protection of Property Act 1900 amended
           (1)   The amendment in this section is to the Conspiracy and
                 Protection of Property Act 1900*.
                 [* Reprinted as approved 7 April 1971.
                    For subsequent amendments see 2001 Index to Legislation of
10                  Western Australia, Table 1, p. 62.]
           (2)   Section 6 is amended by deleting "or to be imprisoned for a
                 term not exceeding six months".
     49.         Co-operative and Provident Societies Act 1903 amended
           (1)   The amendments in this section are to the Co-operative and
15               Provident Societies Act 1903*.
                 [* Reprinted as at 7 September 2001.]
           (2)   Section 36 is amended by deleting ", or to be imprisoned for any
                 term not exceeding 3 months".
           (3)   Section 51 is amended by deleting ", and in default of such
20               delivery or repayment, or of the payment of such penalty and
                 costs aforesaid, to be imprisoned for any time not exceeding
                 3 months".
           (4)   Section 55 is amended by deleting ", or to imprisonment not
                 exceeding 3 months".
25   50.         Credit (Administration) Act 1984 amended
           (1)   The amendments in this section are to the Credit
                 (Administration) Act 1984*.
                 [* Reprinted as at 5 May 2000.
                    For subsequent amendments see 2001 Index to Legislation of
30                  Western Australia, Table 1, p. 84.]

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     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 5         Amendments about short sentences

     s. 51



           (2)   Sections 37, 38 and 39(4) and (6) are each amended by deleting
                 the penalty clause and inserting the following penalty clause
                 instead --
                 "   Penalty: $6 000.    ".

5    51.         The Criminal Code amended
           (1)   The amendments in this section are to The Criminal Code*.
                 [* Reprinted as at 9 February 2001 as the Schedule to the
                    Criminal Code Act 1913 appearing in Appendix B to the
                    Criminal Code Compilation Act 1913.
10                  For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 89 and Acts Nos. 3 and 6 of
                    2002.]
           (2)   Sections 77 and 78 are each amended by deleting the summary
                 conviction penalty clause and inserting the following penalty
15               clause instead --
                     "
                         Summary conviction penalty: imprisonment for
                         12 months.
                                                                                  ".
20         (3)   Section 95 is amended by deleting ", and is liable to
                 imprisonment for 6 months" and inserting the following penalty
                 clause at the end of the section --
                 "   Penalty: $6 000.    ".
           (4)   Section 97 is amended by deleting ", and is liable to
25               imprisonment for 6 months, or to a fine of $100" and inserting
                 the following penalty clause at the end of the section --
                 "   Penalty: $6 000.    ".




     page 48
                    Sentencing Legislation Amendment and Repeal Bill 2002
                          Amendments about short sentences         Part 5

                                                                       s. 51



      (5)   Section 105 is amended by deleting ", and is liable to
            imprisonment for 6 months or to a fine of $50" and inserting the
            following penalty clause at the end of the section --
            "   Penalty: $6 000.   ".
5     (6)   Section 106 is amended by deleting ", and is liable to
            imprisonment for 6 months" and inserting the following penalty
            clause at the end of the section --
            "   Penalty: $6 000.   ".
      (7)   Section 108 is amended by deleting ", and is liable to
10          imprisonment for 6 months" and inserting the following penalty
            clause instead --
            "   Penalty: $6 000.   ".
      (8)   Section 110 is amended by deleting ", and is liable to
            imprisonment for 6 months" and inserting the following penalty
15          clause at the end of the section --
            "   Penalty: $6 000.   ".
      (9)   Section 111 is amended by deleting ", and is liable to
            imprisonment for 6 months" and inserting the following penalty
            clause at the end of the section --
20          "   Penalty: $6 000.   ".
     (10)   Section 151 is amended by deleting the summary conviction
            penalty clause and inserting the following penalty clause
            instead --
            "   Summary conviction penalty: $2 000.    ".
25   (11)   Section 208 is amended by deleting "; or he may be summarily
            convicted, in which case he is liable to imprisonment for
            6 months" and inserting the following penalty clause instead --
            "   Summary conviction penalty: $6 000.    ".



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     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 5         Amendments about short sentences

     s. 52



       (12)      Sections 426(4), 426A(3) and 429 are each amended by deleting
                 "imprisonment for 6 months or to".
       (13)      Section 430 is amended by deleting "imprisonment for 6 months
                 or to a fine of $500" and inserting instead --
5                "   a fine of $6 000   ".
       (14)      Section 431 is amended by deleting "imprisonment for 6 months
                 or to a fine of $500" and inserting instead --
                 "   a fine of $6 000   ".
       (15)      Section 434 is amended by deleting "imprisonment for
10               6 months, or to a fine of an amount equal to the value of the
                 thing so found, and $40 in addition" and inserting instead --
                 "   a fine of $6 000 plus the value of the thing found   ".
       (16)      Section 435 is amended by deleting "imprisonment for
                 6 months, or to a fine of an amount equal to the value of the
15               thing in question, and $40 in addition" and inserting instead --
                 "   a fine of $6 000 plus the value of the thing in question   ".

     52.         Criminal Investigation (Extra-Territorial Offences) Act 1987
                 amended
           (1)   The amendments in this section are to the Criminal
20               Investigation (Extra-Territorial Offences) Act 1987*.
                 [* Act No. 67 of 1987.]
           (2)   Section 6 is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $2 000.   ".




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                          Sentencing Legislation Amendment and Repeal Bill 2002
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                                                                               s. 53



     53.         Curriculum Council Act 1997 amended
           (1)   The amendments in this section are to the Curriculum Council
                 Act 1997*.
                 [* Act No. 17 of 1997.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 91.]

           (2)   Schedule 1 clause 16(1) is amended by deleting the penalty
                 clause and inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".

10   54.         Dangerous Goods (Transport) Act 1998 amended
           (1)   The amendments in this section are to the Dangerous Goods
                 (Transport) Act 1998*.
                 [* Act No. 50 of 1998.]

           (2)   Sections 19 and 29(6) are each amended by deleting the penalty
15               clause and inserting the following penalty clause instead --
                 "   Penalty: $10 000.       ".

     55.         Debt Collectors Licensing Act 1964 amended
           (1)   The amendments in this section are to the Debt Collectors
                 Licensing Act 1964*.
20               [* Reprinted as approved 2 February 1972.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 96.]

           (2)   Section 5(2) is amended by deleting "against this Act and is
                 liable, in the case of a corporation, to a penalty of four hundred
25               dollars and, in the case of a natural person, to a penalty of two



                                                                            page 51
     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 5         Amendments about short sentences

     s. 56



                 hundred dollars or six months imprisonment" and inserting the
                 following penalty clause at the end of the subsection --
                 "
                       Penalty: For an individual, $200.
5                               For a body corporate, $400.
                                                                                 ".

     56.         Electoral Act 1907 amended
           (1)   The amendments in this section are to the Electoral Act 1907*.
                 [* Reprinted as at 15 December 2000.
10                  For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 111.]
           (2)   Section 77(4) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $200.   ".
15         (3)   Section 188(2) is amended by deleting ", or by imprisonment
                 not exceeding 6 months".
           (4)   The Table to section 190 is amended as follows:
                  (a) by deleting "Imprisonment not exceeding 6 months." in
                       the first, second and third places where it occurs and
20                     inserting instead --
                       " Penalty not exceeding $6 000. ";
                  (b) by deleting "6 months" in the fourth place where it
                       occurs and inserting instead --
                       " 9 months ".
25         (5)   Section 191A is amended as follows:
                  (a) after subsection (1) by inserting the following penalty
                        clause --
                        " Penalty: $1 000. ";



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                                                                                 s. 57



                     (b)   after subsection (2) by deleting the penalty clause and
                           inserting the following penalty clause instead --
                           " Penalty: $1 000. ".
           (6)   Section 199A(1) is amended by deleting the penalty clause and
5                inserting the following penalty clause instead --
                 "    Penalty: $1 000.    ".

     57.         Electricity Corporation Act 1994 amended
           (1)   The amendments in this section are to the Electricity
                 Corporation Act 1994*.
10               [* Reprinted as at 4 January 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 113.]
           (2)   Schedule 2 clause 12(1) is amended by deleting the penalty
                 clause and inserting the following penalty clause instead --
15               "    Penalty: $6 000.   ".

     58.         Energy Operators (Powers) Act 1979 amended
           (1)   The amendments in this section are to the Energy Operators
                 (Powers) Act 1979*.
                 [* Reprinted as at 15 September 2000.
20                  For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 115-6.]
           (2)   Section 67(1) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "    Penalty: $2 000 and imprisonment for 9 months.      ".




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     Sentencing Legislation Amendment and Repeal Bill 2002
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     s. 59



     59.         Explosives and Dangerous Goods Act 1961 amended
           (1)   The amendments in this section are to the Explosives and
                 Dangerous Goods Act 1961*.
                 [* Reprinted as at 25 February 2000.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 123.]
           (2)   Section 54A(6) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $50 000.   ".

10   60.         Family Court Act 1997 amended
           (1)   The amendment in this section is to the Family Court
                 Act 1997*.
                 [* Act No. 40 of 1997.
                    For subsequent amendments see 2001 Index to Legislation of
15                  Western Australia, Table 1, p. 124 and Act No. 3 of 2002.]
           (2)   Section 243(6) is amended in paragraph (b) of the penalty
                 clause by deleting "and imprisonment for 6 months".

     61.         Fire Brigades Act 1942 amended
           (1)   The amendments in this section are to the Fire Brigades
20               Act 1942*.
                 [* Reprinted as at 18 February 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 138 and Gazette
                    28 March 2002.]
25         (2)   Section 33A(12) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "
                       Penalty: $50 000.
                       Daily penalty: $1 000.
30                                                                            ".

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           (3)   Section 59 is amended by deleting "or to be imprisoned for any
                 period not exceeding 6 months".

     62.         Firearms Act 1973 amended
           (1)   The amendments in this section are to the Firearms Act 1973*.
5                [* Reprinted as at 11 August 2000.
                 For subsequent amendments see 2001 Index to Legislation of
                 Western Australia, Table 1, p. 139.]
           (2)   Section 19(1) and (2) are each amended in the penalty clause by
                 deleting "6 months or a fine of $2 000" and inserting instead --
10               "   12 months or a fine of $4 000   ".
           (3)   Section 23(5)(e) is amended by deleting "6 months or a fine of
                 $2 000" and inserting instead --
                 "   12 months or a fine of $4 000   ".

     63.         Fish Resources Management Act 1994 amended
15         (1)   The amendments in this section are to the Fish Resources
                 Management Act 1994*.
                 [* Reprinted as at 28 April 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 141, and Act No. 2 of 2002.]
20         (2)   Section 49 is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "
                       Penalty: In the case of an individual, $25 000.
                                In the case of a body corporate, $50 000.
25                                                                                ".




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        (3)    Section 170(1) is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
               "
                     Penalty: In the case of an individual, $25 000 and
5                             imprisonment for 12 months.
                              In the case of a body corporate, $50 000.
                                                                               ".
        (4)    Section 171(1) is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
10             "
                     Penalty: In the case of an individual, $10 000.
                              In the case of a body corporate, $20 000.
                                                                               ".
        (5)    Sections 172 and 176 are each amended by deleting the penalty
15             clause and inserting the following penalty clause instead --
               "
                     Penalty: In the case of an individual, $25 000 and
                              imprisonment for 12 months.
                              In the case of a body corporate, $50 000.
20                                                                          ".
        (6)    Section 196(1) is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
               "
                     Penalty: In the case of an individual, $10 000.
25                            In the case of a body corporate, $20 000.
                                                                               ".
        (7)    Section 225(4) is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
               "   Penalty: $20 000 and imprisonment for 12 months.       ".




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     64.         Freedom of Information Act 1992 amended
           (1)   The amendments in this section are to the Freedom of
                 Information Act 1992*.
                 [* Reprinted as at 3 March 2000.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 144.]
           (2)   Section 82(2) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $6 000.   ".
10         (3)   Sections 83 and 109 are each amended in the penalty clause by
                 deleting paragraph (a) and inserting the following paragraph
                 instead --
                 "   (a) for an individual, $6 000;    ".
           (4)   Section 110 is amended by deleting the penalty clause and
15               inserting the following penalty clause instead --
                 "   Penalty: $6 000.   ".
     65.         Fuel, Energy and Power Resources Act 1972 amended
           (1)   The amendments in this section are to the Fuel, Energy and
                 Power Resources Act 1972*.
20               [* Reprinted as at 13 July 2001.]
           (2)   Section 49(3)(a) is deleted and the following paragraph is
                 inserted instead --
                 "   (a)    in the case of an individual, a fine of $10 000;    ".




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     66.           Gaming Commission Act 1987 amended
           (1)     The amendments in this section are to the Gaming Commission
                   Act 1987*.
                   [* Reprinted as at 30 October 1998.
5                     For subsequent amendments see 2001 Index to Legislation of
                      Western Australia, Table 1, p. 147.]
           (2)     Section 20(3) is amended by deleting the penalty clause and
                   inserting the following penalty clause instead --
                   "   Penalty: $2 500.     ".
10         (3)     Section 35 is repealed and the following section is inserted
                   instead --
     "
             35.         General penalty
                         The penalty for an offence under this Act for which no
15                       penalty is specifically provided is a fine of $1 000.
                                                                                     ".
           (4)     Sections 42(4), 45(3) and (4) and 58(4) are each amended by
                   deleting the penalty clause and inserting the following penalty
                   clause instead --
20                 "   Penalty: $2 500.     ".

     67.           Gender Reassignment Act 2000 amended
           (1)     The amendments in this section are to the Gender Reassignment
                   Act 2000*.
                   [* Act No. 2 of 2000.]
25         (2)     Sections 22(2) and 23 are each amended by deleting the penalty
                   clause and inserting the following penalty clause instead --
                   "   Penalty: $2 000.     ".



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     68.         Government Railways Act 1904 amended
           (1)   The amendments in this section are to the Government Railways
                 Act 1904*.
                 [* Reprinted as at 7 September 2001.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 154 and Act No. 7 of 2002.]
           (2)   Section 34(1) is amended by deleting "to imprisonment for any
                 term not exceeding 6 months, or".
           (3)   Sections 45 and 51(2) are each amended by deleting "to
10               imprisonment for any period not exceeding 6 months, or".

     69.         Growers Charge Act 1940 amended
           (1)   The amendments in this section are to the Growers Charge
                 Act 1940*.
                 [* Act No. 54 of 1940.
15                  For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 156.]
           (2)   Section 6 is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".
20   70.         Guardianship and Administration Act 1990 amended
           (1)   The amendments in this section are to the Guardianship and
                 Administration Act 1990*.
                 [* Reprinted as at 21 April 1997.
                    For subsequent amendments see 2001 Index to Legislation of
25                  Western Australia, Table 1, p. 156-7 and Act No. 3 of 2002.]
           (2)   Section 49(4) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".



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           (3)   Section 112(3) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $2 000 or imprisonment for 9 months.            ".
           (4)   Section 113(1) is amended by deleting the penalty clause and
5                inserting the following penalty clause instead --
                 "   Penalty: $5 000.     ".
           (5)   Schedule 1 Part B clauses 7(3), 8(3), 10 and 11(4) are each
                 amended by deleting the penalty clause and inserting the
                 following penalty clause instead --
10               "   Penalty: $5 000 or imprisonment for 9 months.       ".
           (6)   Schedule 1 Part B clause 12(6) is amended by deleting
                 paragraphs (a) and (b) and inserting the following paragraphs
                 instead --
                      "
15                        (a)   in the case of a body corporate, to a fine of $10 000;
                                or
                          (b)   in the case of an individual, to a fine of $2 500.
                                                                                         ".

     71.         Health Act 1911 amended
20         (1)   The amendments in this section are to the Health Act 1911*.
                 [* Reprinted as at 31 March 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 163.]
           (2)   Section 360(1) is amended as follows:
25                (a) in paragraph (e)(i) by deleting "or imprisonment for a
                        period of 4 months";
                  (b) in paragraph (f)(i) by deleting "or imprisonment for a
                        period of 6 months".



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     72.         Housing Societies Act 1976 amended
           (1)   The amendments in this section are to the Housing Societies
                 Act 1976*.
                 [* Reprinted as at 9 November 2001.]
5          (2)   Section 29D(9) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".
           (3)   Section 79(a) is amended by deleting "or imprisonment for
                 6 months".

10   73.         Juries Act 1957 amended
           (1)   The amendments in this section are to the Juries Act 1957*.
                 [* Reprinted as at 3 July 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 188.]
15         (2)   Sections 56B(1), 56C(1) and 56D(1) are each amended by
                 deleting the penalty clause and inserting the following penalty
                 clause instead --
                 "   Penalty: $5 000.   ".

     74.         Justices Act 1902 amended
20         (1)   The amendments in this section are to the Justices Act 1902*.
                 [* Reprinted as at 8 October 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 192.]
           (2)   Section 57(3) is amended by deleting "imprisonment not
25               exceeding 6 months" and inserting instead --
                 "   a fine of $6 000   ".




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     75.         Land Drainage Act 1925 amended
           (1)   The amendments in this section are to the Land Drainage
                 Act 1925*.
                 [* Reprinted as at 15 July 1996.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 198.]
           (2)   Section 155 is amended by deleting ", and shall be liable to a
                 penalty not exceeding $2 000 and to be imprisoned for any
                 period not exceeding six months" and inserting the following
10               penalty clause at the end of the section --
                 "   Penalty: $2 000.        ".
     76.         Local Courts Act 1904 amended
           (1)   The amendments in this section are to the Local Courts
                 Act 1904*.
15               [* Reprinted as at 12 January 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 214.]
           (2)   Section 44(2) is amended by deleting "imprisonment for any
                 period not exceeding 6 months" and inserting instead --
20               "   a fine of $6 000        ".
     77.         Local Government (Miscellaneous Provisions) Act 1960
                 amended
           (1)   The amendments in this section are to the Local Government
                 (Miscellaneous Provisions) Act 1960*.
25               [* Reprinted as at 28 July 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 221.]
           (2)   Section 474(7) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
30               "   Penalty: $200.     ".

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                                                                              s. 78



           (3)   Section 482(3) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $400.     ".

     78.         Maritime Archaeology Act 1973 amended
5          (1)   The amendments in this section are to the Maritime
                 Archaeology Act 1973*.
                 [* Act No. 66 of 1973.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 226.]
10         (2)   Section 9(6) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000.        ".

     79.         Medical Act 1894 amended
           (1)   The amendments in this section are to the Medical Act 1894*.
15               [* Reprinted as at 25 February 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 230.]
           (2)   Section 16A(1) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
20               "
                       Penalty: For a first offence, $500.
                                For a subsequent offence, $1 000.
                                                                                 ".
           (3)   Section 19 is amended by deleting the penalty clause and
25               inserting the following penalty clause instead --
                 "
                       Penalty: For a first offence, $1 000.
                                For a subsequent offence, $5 000.
                                                                                 ".

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           (4)   Section 21A(1) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".
     80.         Mental Health Act 1996 amended
5          (1)   The amendments in this section are to the Mental Health
                 Act 1996*.
                 [* Act No. 68 of 1996.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 231.]
10         (2)   Section 206(1) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $2 000.   ".
           (3)   Schedule 2 clauses 13(5) and 16 are each amended by deleting
                 "or imprisonment for 6 months".
15   81.         Nuclear Activities Regulation Act 1978 amended
           (1)   The amendments in this section are to the Nuclear Activities
                 Regulation Act 1978*.
                 [* Act No. 104 of 1978.
                    For subsequent amendments see 2001 Index to Legislation of
20                  Western Australia, Table 1, p. 259.]
           (2)   Section 9(7) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".
     82.         Optometrists Act 1940 amended
25         (1)   The amendments in this section are to the Optometrists
                 Act 1940*.
                 [* Reprinted as approved 8 May 1980.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 263.]

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           (2)   Section 42 is amended by deleting "Penalty: One hundred
                 dollars, or imprisonment for six months." and inserting the
                 following penalty clause instead --
                 "   Penalty: $100.   ".

5    83.         Plant Diseases Act 1914 amended
           (1)   The amendment in this section is to the Plant Diseases
                 Act 1914*.
                 [* Reprinted as at 21 December 2001.]
           (2)   Section 34(1)(a)(ii) is amended by deleting "or imprisonment
10               for a period of 6 months or both".

     84.         Poisons Act 1964 amended
           (1)   The amendment in this section is to the Poisons Act 1964*.
                 [* Reprinted as at 22 January 1999.
                    For subsequent amendments see 2001 Index to Legislation of
15                  Western Australia, Table 1, p. 290.]
           (2)   Section 49(2) is amended by deleting "or to imprisonment for a
                 term not exceeding 6 months".

     85.         Police Act 1892 amended
           (1)   The amendments in this section are to the Police Act 1892*.
20               [* Reprinted as at 12 January 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 294 and Act No. 6 of 2002.]
           (2)   Section 15 is amended as follows:
                  (a) by deleting "$500" and inserting instead --
25                      " $4 000 ";
                  (b) by deleting "6 months" and inserting instead --
                        " 12 months ".

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        (3)    Section 16(1) is amended as follows:
                (a) by deleting "$500" and inserting instead --
                      " $4 000 ";
                (b) by deleting "6 months" and inserting instead --
5                     " 12 months ".
        (4)    Section 16A(1) is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
               "    Penalty: $2 500.   ".
        (5)    Section 20 is amended by deleting "6 months" and inserting
10             instead --
               "    9 months    ".
        (6)    Section 31 is amended by deleting "$500, or imprisonment for a
               term not exceeding 6 months, or both" and inserting instead --
               "    $2 500 ".
15      (7)    Section 41(1) and (7) are each amended as follows:
                   (a)   by deleting "$500" and inserting instead --
                         " $4 000 ";
                   (b)   by deleting "6 months" and inserting instead --
                         " 12 months ".
20      (8)    Section 54 is amended by deleting "$500 for every such
               offence, or to imprisonment for any term not exceeding
               6 calendar months, or to both fine and imprisonment" and
               inserting instead --
               "    $2 500 ".
25      (9)    Section 54A(3) is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
               "    Penalty: $2 500.   ".


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                                                                              s. 85



     (10)   Section 58A is amended by deleting the penalty clause and
            inserting the following penalty clause instead --
            "   Penalty: $4 000 and imprisonment for 12 months.          ".
     (11)   Section 59 is amended by deleting "$300, or may be committed
5           to gaol for any period not exceeding 6 calendar months" and
            inserting instead --
            "   $2 500 ".
     (12)   Section 64A(1) is amended by deleting paragraphs (c) and (d)
            and "conviction --" before them and inserting instead --
10              "
                    conviction to a fine of $4 000 or imprisonment for
                    12 months,
                                                                                ".
     (13)   Section 65 is amended by deleting "$500 or to imprisonment for
15          any term not exceeding 6 calendar months" and inserting
            instead --
            "   $2 500 ".
     (14)   Section 66 is amended by deleting "$1 000" and inserting
            instead --
20          "   $4 000 ".
     (15)   Section 67 is amended by deleting "$1 500" and inserting
            instead --
            "   $6 000 ".
     (16)   Section 67A is amended as follows:
25            (a) by deleting "$500" and inserting instead --
                   " $1 000 ";
             (b) by deleting "6 months" and inserting instead --
                   " 9 months ".

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       (17)    Section 76F(3)(a) is amended by deleting ", or imprisonment
               not exceeding 6 months".
       (18)    Section 80(1) is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
5              "
                     Penalty: Subject to section 80A, $4 000 and
                            imprisonment for 12 months.
                                                                             ".
       (19)    Section 82B(1) and (3) are each amended by deleting the
10             penalty clause and inserting the following penalty clause
               instead --
               "   Penalty: $2 500.   ".
       (20)    Section 90A(5) is amended as follows:
                 (a) by deleting "$500" and inserting instead --
15                    " $4 000 ";
                (b) by deleting "6 months" and inserting instead --
                      " 12 months ".
       (21)    Section 97 is amended by deleting "$500 or to imprisonment for
               a term not exceeding 6 months" and inserting instead --
20             "   $ 4 000 ".
       (22)    Section 107 is amended by deleting "or be liable to
               imprisonment for a term not exceeding 6 months".
       (23)    Section 124 is amended by deleting "$300 or to be imprisoned
               for any term not exceeding 6 calendar months in any gaol of the
25             said State" and inserting instead --
               "   $2 500 ".
       (24)    Section 125 is amended by deleting ", or imprisonment for a
               term not exceeding 6 months".
       (25)    Section 128 is amended by deleting ", or to order that the
30             informer be imprisoned for a term not exceeding 6 months".

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     86.         Prisons Act 1981 amended
           (1)   The amendments in this section are to the Prisons Act 1981*.
                 [* Reprinted as at 22 December 2000.]
           (2)   Section 49(2) is amended by deleting the penalty clause and
5                inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".

     87.         Prostitution Act 2000 amended
           (1)   The amendments in this section are to the Prostitution
                 Act 2000*.
10               [* Act No. 17 of 2000.]
           (2)   Section 12 is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "
                       Penalty: For a first offence, $6 000.
15                              For a subsequent offence, imprisonment for
                                one year.
                                                                                 ".
           (3)   Section 15 is amended in the penalty clause by deleting
                 "6 months" and inserting instead --
20               "   9 months   ".
           (4)   Section 19(1) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $6 000.      ".

     88.         Real Estate and Business Agents Act 1978 amended
25         (1)   The amendments in this section are to the Real Estate and
                 Business Agents Act 1978*.
                 [* Reprinted as at 9 March 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 317.]

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           (2)   Section 64(1) and (2) are each amended by deleting the penalty
                 clause and inserting the following penalty clause instead --
                 "   Penalty: $5 000.        ".

     89.         Referendums Act 1983 amended
5          (1)   The amendments in this section are to the Referendums
                 Act 1983*.
                 [* Reprinted as at 21 January 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 319.]
10         (2)   Section 45(1) is amended by deleting ", and shall be liable to a
                 penalty not exceeding $200 or imprisonment for 6 months" and
                 inserting the following penalty clause at the end of the
                 subsection --
                 "   Penalty: $200.     ".
15         (3)   Section 48(2) and (3) are each amended by deleting "and shall
                 be liable to a penalty not exceeding $200 or imprisonment for
                 6 months" and inserting the following penalty clause at the end
                 of the subsection --
                 "   Penalty: $200.     ".

20   90.         Restraining Orders Act 1997 amended
           (1)   The amendments in this section are to the Restraining Orders
                 Act 1997*.
                 [* Reprinted as at 6 October 2000.]
           (2)   Section 61(1) is amended in paragraph (a) of the penalty clause
25               by deleting "6 months" and inserting instead --
                 "   9 months   ".




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           (3)   Section 71(3) is amended in the penalty clause by deleting
                 "6 months" and inserting instead --
                 "   9 months   ".

     91.         Rights in Water and Irrigation Act 1914 amended
5          (1)   The amendments in this section are to the Rights in Water and
                 Irrigation Act 1914*.
                 [* Reprinted as at 10 January 2001.]
           (2)   Section 71 is amended by deleting "and shall be liable to a
                 penalty not exceeding $10 000 and to be imprisoned for any
10               period not exceeding 6 months" and inserting the following
                 penalty clause at the end of the section --
                 "   Penalty: $10 000.    ".

     92.         Road Traffic Act 1974 amended
           (1)   The amendments in this section are to the Road Traffic
15               Act 1974*.
                 [* Reprinted as at 19 October 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 329-30 and Acts Nos. 4, 5 and
                    7 of 2002 and Gazette 17 May 2002 p. 2558-60.]
20         (2)   Sections 59A(3)(a), 60(3)(a) and (b), 61(3)(b), 63(2)(b) and
                 (67)(3)(b) are each amended by deleting "for 6 months" and
                 inserting instead --
                 "   for 9 months    ".
           (3)   Section 90 is amended in the penalty clause by deleting "or
25               imprisonment for 6 months".

     93.         Rottnest Island Authority Act 1987 amended
           (1)   The amendments in this section are to the Rottnest Island
                 Authority Act 1987*.
                 [* Reprinted as at 4 January 2000.]

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           (2)   Section 32 is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".

     94.         School Education Act 1999 amended
5          (1)   The amendments in this section are to the School Education
                 Act 1999*.
                 [* Act No. 36 of 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 337.]
10         (2)   Sections 15, 35, 120(2), 240(3) and 242(1) are each amended by
                 deleting the penalty clause and inserting the following penalty
                 clause instead --
                 "   Penalty: $5 000.   ".

     95.         Stock Diseases (Regulations) Act 1968 amended
15         (1)   The amendments in this section are to the Stock Diseases
                 (Regulations) Act 1968*.
                 [* Reprinted as at 12 November 1999.]
           (2)   Section 16(3) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
20               "   Penalty: $2 000.   ".

     96.         Street Collections (Regulation) Act 1940 amended
           (1)   The amendments in this section are to the Street Collections
                 (Regulation) Act 1940*.
                 [* Act No. 55 of 1940.]
25         (2)   Section 8 is amended by deleting "and liable on summary
                 conviction to imprisonment for a term not exceeding six months



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                                                                               s. 97



                 or to a fine not exceeding fifty pounds" and inserting instead the
                 following penalty clause at the end of the section --
                 "   Penalty: On summary conviction, $2 000.         ".

     97.         Sunday Entertainments Act 1979 amended
5          (1)   The amendments in this section are to the Sunday
                 Entertainments Act 1979*.
                 [* Act No. 17 of 1979.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 364.]
10         (2)   Section 3(1) is amended by deleting "and liable, on summary
                 conviction, to a penalty not exceeding five hundred dollars or to
                 imprisonment for a term not exceeding six months" and
                 inserting the following penalty clause at the end of the
                 subsection --
15               "   Penalty: On summary conviction, $500.      ".

     98.         Swan River Trust Act 1988 amended
           (1)   The amendments in this section are to the Swan River Trust
                 Act 1988*.
                 [* Reprinted as at 1 December 2000.]
20         (2)   Section 64(6) is amended by deleting the penalty clause and
                 inserting the following penalty clause instead --
                 "   Penalty: $1 000.   ".

     99.         Transport Co-ordination Act 1966 amended
           (1)   The amendments in this section are to the Transport
25               Co-ordination Act 1966*.
                 [* Reprinted as at 11 May 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 387 and Act No. 7 of 2002.]

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     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 5         Amendments about short sentences

     s. 100



        (2)    Section 49(3) is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
               "   Penalty: $400.     ".

     100.      Travel Agents Act 1985 amended
5       (1)    The amendments in this section are to the Travel Agents
               Act 1985*.
               [* Reprinted as at 22 April 1997.
                  For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 388.]
10      (2)    Section 7(3) is amended in the penalty clause by deleting
               "6 months' " and inserting instead --
               "   9 months'   ".
        (3)    Section 41(1) is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
15             "   Penalty: $1 000.        ".

     101.      Unclaimed Money Act 1990 amended
        (1)    The amendments in this section are to the Unclaimed Money
               Act 1990*.
               [* Reprinted as at 5 November 1999.]
20      (2)    Section 22(2) is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
               "   Penalty: $2 500.        ".

     102.      Water and Rivers Commission Act 1995 amended
        (1)    The amendments in this section are to the Water and Rivers
25             Commission Act 1995*.
               [* Act No. 71 of 1995.
                  For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 401.]

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                      Sentencing Legislation Amendment and Repeal Bill 2002
                            Amendments about short sentences         Part 5

                                                                       s. 103



       (2)   Schedule 1 clause 17(1) is amended by deleting the penalty
             clause and inserting the following penalty clause instead --
             "   Penalty: $1 000.   ".

     103.    Water Corporation Act 1995 amended
5      (1)   The amendments in this section are to the Water Corporation
             Act 1995*.
             [* Reprinted as at 4 May 2001.
                For subsequent amendments see 2001 Index to Legislation of
                Western Australia, Table 1, p. 403.]
10     (2)   Schedule 2 clause 12(1) is amended by deleting the penalty
             clause and inserting the following penalty clause instead --
             "   Penalty: $1 000.   ".

     104.    Young Offenders Act 1994 amended
       (1)   The amendments in this section are to the Young Offenders
15           Act 1994*.
             [* Reprinted as at 8 December 2000.
                For subsequent amendments see 2001 Index to Legislation of
                Western Australia, Table 1, p. 423.]
       (2)   Section 118(2) is amended by deleting "3 months" and inserting
20           instead --
             "   6 months    ".

     105.    Zoological Parks Authority Act 2001 amended
       (1)   The amendments in this section are to the Zoological Parks
             Authority Act 2001*.
25           [* Act No. 24 of 2001.]




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     Sentencing Legislation Amendment and Repeal Bill 2002
     Part 5         Amendments about short sentences

     s. 106



        (2)    Section 31 is amended by deleting the penalty clause and
               inserting the following penalty clause instead --
               "   Penalty: $5 000.   ".

     106.      Power to amend subsidiary legislation
5       (1)    The Governor, on the recommendation of the Minister, may
               make regulations amending --
                (a) regulations made by the Governor in the exercise of a
                      power conferred by an Act; or
                (b) by-laws made by the council of a community under the
10                    Aboriginal Communities Act 1979.
        (2)    Regulations made under subsection (1)(b) operate as if they
               were by-laws made by the council of the community in
               accordance with the Aboriginal Communities Act 1979.
        (3)    The Minister may make a recommendation under subsection (1)
15             only if the Minister considers that each amendment proposed to
               be made by the regulations is consequential on --
                 (a) the enactment of section 86 of the Sentencing Act 1995;
                        or
                 (b) the amendment of section 86 of the Sentencing Act 1995
20                      effected by section 33(3) of this Act.
        (4)    Regulations made under subsection (1) must be made within
               6 months after the day on which section 33(3) commences.




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                      Sentencing Legislation Amendment and Repeal Bill 2002
                                                    Review           Part 6

                                                                         s. 107



                             Part 6 -- Review
     107.    Review
       (1)   The Minister administering the Sentencing Act 1995 is to carry
             out a review of the operation and effectiveness of --
5              (a) the Sentencing Act 1995 to the extent that it is affected
                     by the amendments made to it by Part 2 Divisions 2
                     and 4 and section 33(3); and
              (b) Part 3 of the Sentence Administration Act 2003,
             as soon as practicable after the expiration of 4 years from the
10           day on which this Act receives the Royal Assent.
       (2)   The Minister is to prepare a report based on the review and
             cause it to be laid before each House of Parliament within
             5 years after the day on which this Act receives the Royal
             Assent.
15




                                                                        page 77
     Sentencing Legislation Amendment and Repeal Bill 2002



     Schedule 1     Transitional provisions



                    Schedule 1 -- Transitional provisions
                                                                       [s. 22 and 29(2)]

     1.         Interpretation
          (1)   In this Schedule --
5               "commencement" means the commencement of section 22;
                "new provisions" means --
                        (a)   the Sentencing Act 1995 as amended by the sentencing
                              amendments; and
                     (b) the Sentence Administration Act 2003;
10              "old provisions" means the Sentencing Act 1995, and the repealed
                     Act, as they would have applied had the sentencing amendments
                     not come into operation;
                "repealed Act" means the Sentence Administration Act 1995;
                "sentencing amendments" means the amendments to the Sentencing
15                   Act 1995 effected by Part 2 Division 4 and the repeal of the
                     Sentence Administration Act 1995 effected by section 29(1).
          (2)   In this Schedule, words and expressions have the same meanings as
                they have in the Sentencing Act 1995 and in particular, in Part 13 of
                that Act.
20   2.         Sentencing courts to take into account the effect of the sentencing
                amendments
          (1)   If a court sentencing an offender to imprisonment proposes to impose
                a fixed term (with or without a parole eligibility order), it must
                impose a fixed term that is two thirds of the fixed term that it would
25              have imposed had the old provisions been in operation at the time of
                sentencing.
          (2)   For the purposes of subclause (1) --
                  (a)     it does not matter that the court may be proposing to suspend
                          the fixed term under Part 11 of the Sentencing Act 1995; and
30                (b)     a reference to imposing a fixed term includes a reference to
                          dealing with an offender under section 80 of the Sentencing



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                        Sentencing Legislation Amendment and Repeal Bill 2002



                                              Transitional provisions       Schedule 1



                        Act 1995 in respect of a sentence of suspended imprisonment
                        imposed under the old provisions.
          (3)   Despite subclause (1), if the sentence required by that subclause
                would contravene section 86 of the Sentencing Act 1995, if the court
5               considers that a term of imprisonment is warranted in all the
                circumstances, the court may impose a term of more than 6 months.
          (4)   A court does not have to apply this clause if, in sentencing an
                offender, the court follows the practice of the court as established in
                accordance with the new provisions and this clause.
10        (5)   This clause does not apply if --
                  (a) the statutory penalty for the offence for which the offender is
                        being sentenced has been amended since the new provisions
                        commenced;
                  (b)   a guideline judgment given under section 143 of the
15                      Sentencing Act 1995 since the new provisions commenced
                        applies to the offender or the offence for which the offender
                        is being sentenced;
                  (c)   the application of this clause would be inconsistent with or
                        contrary to any other judgment given since the new
20                      provisions commenced that binds the sentencing court;
                  (d)   a court is imposing a term under section 401(4) of The
                        Criminal Code; or
                  (e)   a court is sentencing an offender to a term that, under the old
                        provisions, would have been a prescribed term within the
25                      meaning of section 85 of the Sentencing Act 1995.

     3.         Application of Interpretation Act 1984 s. 36
                Section 36 of the Interpretation Act 1984 applies as if the Sentence
                Administration Act 1995 had been repealed and re-enacted by the
                Sentence Administration Act 2003.

30   4.         Community orders imposed before commencement
                If immediately before commencement --
                   (a) a community based order, or an intensive supervision order,
                       made under the Sentencing Act 1995 is in force; or


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     Sentencing Legislation Amendment and Repeal Bill 2002



     Schedule 1     Transitional provisions



                  (b)   a WDO made under Part 4 of the Fines, Penalties and
                        Infringement Notices Enforcement Act 1994 is in force,
                then on and after commencement --
                  (c)   the Sentence Administration Act 2003 applies to and in
5                       respect of the order; and
                  (d)   the reference in the order to section 76 of the Sentence
                        Administration Act 1995 is to be taken to be a reference to
                        section 76 of the Sentence Administration Act 2003.

     5.         Sentences of imprisonment imposed before commencement
10        (1)   If immediately before commencement a person is subject to a fixed
                term that is not a parole term and to which the old provisions apply,
                then on and after commencement the old provisions continue to apply
                to that term and to the release of the person in respect of that term.
          (2)   If immediately before commencement a person is subject to a parole
15              term to which the old provisions apply, then on and after
                commencement --
                  (a)   the old provisions apply for the purpose of calculating --
                          (i) when the person is eligible to be released on parole;
                          (ii)   the parole period for the person; and
20                       (iii)   when the person is discharged from the sentence and
                                 must be released;
                  (b)   the new provisions apply for the purpose of determining
                        whether the person is to be released on parole;
                  (c)   if the person is to be released on parole, the release is to be by
25                      means of a parole order made under Part 3 of the Sentence
                        Administration Act 2003 and for that purpose --
                          (i)    the parole period in the order is to be the parole
                                 period calculated under the old provisions; and
                          (ii)   the supervised period for the order is to be the same
30                               as the parole period;
                        and
                  (d)   if the person is released on parole, the Sentence
                        Administration Act 2003 applies to and in respect of the


     page 80
                        Sentencing Legislation Amendment and Repeal Bill 2002



                                              Transitional provisions      Schedule 1



                        person and the order except to the extent that paragraph (a) or
                        (c) provides otherwise.
          (3)   If immediately before commencement a person is in custody serving a
                life term to which the old provisions apply, then on and after
5               commencement the new provisions apply to that term.
          (4)   If immediately before commencement a person is in custody serving
                indefinite imprisonment, then on and after commencement the new
                provisions apply in respect of that person.
          (5)   If immediately before commencement a person is detained in strict or
10              safe custody during the Governor's pleasure under an order made
                under section 282 of The Criminal Code, then on and after
                commencement the new provisions apply in respect of that person.

     6.         Early release orders made before commencement
                If immediately before commencement a person is subject to a parole
15              order, a home detention order, or a work release order, made under the
                repealed Act, then on and after commencement the repealed Act
                continues to apply to and in respect of that order.

     7.         WROs
                If immediately before commencement a person is subject to a
20              sentence of imprisonment to which the old provisions apply, then on
                or after commencement --
                  (a)   subject to Part 4 of the repealed Act, a work release order
                        may be made in respect of the person; and
                  (b)   Parts 4, 6, 7 and 8 of the repealed Act continue to operate for
25                      those purposes and in respect of any such order.

     8.         HDOs
                If immediately before commencement a person is subject to a
                sentence of imprisonment of less than 12 months to which the old
                provisions apply, then on or after commencement --
30                (a)   subject to Part 5 of the repealed Act, a home detention order
                        may be made in respect of the person; and



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     Sentencing Legislation Amendment and Repeal Bill 2002



     Schedule 1       Transitional provisions



                   (b)   Parts 5, 6, 7 and 8 of the repealed Act continue to operate for
                         those purposes and in respect of any such order.

     9.          Warrants in force at commencement
                 A warrant issued under the repealed Act and in force immediately
5                before commencement remains in force despite the repeal of the
                 repealed Act.

     10.         Community corrections centres
           (1)   If a place is a community corrections centre under section 84 of the
                 repealed Act immediately before commencement, then on and after
10               commencement the place continues as a community corrections centre
                 as if it had been declared by a notice under section 84(1) of the
                 Sentence Administration Act 2003.
           (2)   An order under section 84(1) of the repealed Act may be amended or
                 cancelled by the Minister.

15   11.         CEO's instructions for community corrections centres
           (1)   If rules made under section 86 of the repealed Act are in force
                 immediately before commencement, then on and after commencement
                 the rules are to be taken to be written instructions issued under
                 section 86 of the Sentence Administration Act 2003 until written
20               instructions are issued under that section.
           (2)   When written instructions are issued under section 86 of the Sentence
                 Administration Act 2003 a reference in the repealed Act to rules made
                 under section 86 of the repealed Act is to be taken to be a reference to
                 those written instructions.

25   12.         Parole Board's report
                 The Board's annual report made under section 112 of the Sentence
                 Administration Act 2003 must report on the operation of the repealed
                 Act to the extent that it continues to operate by virtue of this Schedule
                 and the Interpretation Act 1984.




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                         Sentencing Legislation Amendment and Repeal Bill 2002



                                              Transitional provisions       Schedule 1



     13.         Offenders serving imprisonment imposed before
                 4 November 1996
           (1)   In this clause --
                 "1995 Act" means the Sentencing (Consequential Provisions)
5                    Act 1995.
           (2)   If immediately before commencement a person to whom section 82 of
                 the 1995 Act applies is in custody subject to the sentence referred to
                 in section 82, then on and after commencement section 82 continues
                 to apply but --
10                 (a)   the references to the Sentencing Act 1995 and the Sentence
                         Administration Act 1995 are to be read as references to those
                         Acts as they would have applied had the sentencing
                         amendments not come into operation; and
                   (b)   clause 7 of this Schedule applies to the person.
15         (3)   If immediately before commencement a person to whom section 83 of
                 the 1995 Act applies is in custody subject to the sentence referred to
                 in section 83, then on and after commencement section 83, other than
                 paragraphs (a) and (c), continues to apply but --
                   (a)   any release of the person on parole in respect of the sentence
20                       is to be by means of a parole order made under Part 3 of the
                         Sentence Administration Act 2003; and
                   (b)   Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence
                         Administration Act 2003 apply to and in respect of the person
                         and the parole order.
25         (4)   If immediately before commencement a person to whom section 84 of
                 the 1995 Act applies is in custody subject to the sentence referred to
                 in section 84, then on and after commencement section 84 continues
                 to apply but --
                   (a)   the references to the Sentencing Act 1995 and the Sentence
30                       Administration Act 1995 are to be read as references to those
                         Acts as they would have applied had the sentencing
                         amendments not come into operation; and
                   (b)   clauses 5(2) and 7 of this Schedule apply to the person.




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     Sentencing Legislation Amendment and Repeal Bill 2002



     Schedule 1     Transitional provisions



        (5)    If immediately before commencement a person to whom section 86 of
               the 1995 Act applies is in custody subject to the sentence referred to
               in section 86, then on and after commencement section 86, other than
               paragraphs (a), (b) and (c), continues to apply but --
5                 (a)   any release of the person on parole in respect of the sentence
                        is to be by means of a parole order made by the Governor
                        under Part 3 of the Sentence Administration Act 2003;
                  (b)   the parole period for the parole order is that provided by
                        section 25(3) of the Sentence Administration Act 2003; and
10                (c)   Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence
                        Administration Act 2003 apply to and in respect of the person
                        and the parole order.
        (6)    If immediately before commencement a person to whom section 87 of
               the 1995 Act applies is in custody subject to the sentence referred to
15             in section 87, then on and after commencement section 87, other than
               paragraphs (a), (b) and (c), continues to apply but --
                  (a)   any release of the person on parole in respect of the sentence
                        is to be by means of a parole order made by the Governor
                        under Part 3 of the Sentence Administration Act 2003;
20                (b)   the parole period for the parole order is that provided by
                        section 26(3) of the Sentence Administration Act 2003; and
                  (c)   Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence
                        Administration Act 2003 apply to and in respect of the person
                        and the parole order.
25      (7)    If immediately before commencement a person to whom section 88(1)
               of the 1995 Act applies is in custody subject to the order referred to in
               section 88(1), then on and after commencement section 88(1)
               continues to apply but the reference to the Sentence Administration
               Act 1995 is to be read as a reference to the Sentence Administration
30             Act 2003.
        (8)    If immediately before commencement a person to whom section 90(1)
               of the 1995 Act applies is in custody subject to the order referred to in
               section 90(1), then on and after commencement section 90 continues
               to apply but the reference to the Sentence Administration Act 1995 is
35             to be read as a reference to the Sentence Administration Act 2003.



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                         Sentencing Legislation Amendment and Repeal Bill 2002



                                               Transitional provisions      Schedule 1



           (9)   If immediately before commencement a person to whom section 91(1)
                 of the 1995 Act applies is in custody subject to the direction or
                 sentence referred to in section 91(1), then on and after
                 commencement section 91, other than paragraphs (a), (b) and (c) of
5                section 91(1), continues to apply but --
                   (a)   any release of the person on parole in respect of the sentence
                         is to be by means of a parole order made by the Governor
                         under Part 3 of the Sentence Administration Act 2003;
                   (b)   the parole period for the parole order is that provided by
10                       section 27(3) of the Sentence Administration Act 2003; and
                   (c)   Part 3 Divisions 6 to 11 and Parts 4 to 10 of the Sentence
                         Administration Act 2003 apply to and in respect of the person
                         and the parole order.

     14.         Transitional regulations
15         (1)   If there is no sufficient provision in this Schedule or in the old
                 provisions or in the new provisions to provide for matters in relation
                 to --
                   (a)   the application of the old provisions to a sentence of
                         imprisonment imposed before commencement;
20                 (b)   the effect after commencement of a sentence of imprisonment
                         imposed before commencement;
                   (c)   the imposition after commencement of sentences of
                         imprisonment on offenders who are subject to sentences of
                         imprisonment imposed before commencement;
25                 (d)   the combined effect of a sentence of imprisonment imposed
                         before commencement and of a sentence of imprisonment
                         imposed after commencement;
                   (e)   the application of the Sentence Administration Act 1995 or
                         the Sentence Administration Act 2003 to orders made under
30                       the old provisions or under the Fines, Penalties and
                         Infringement Notices Enforcement Act 1994,
                 the Governor may make regulations prescribing all matters that are
                 required, necessary or convenient to be prescribed in relation to those
                 matters.



                                                                                  page 85
     Sentencing Legislation Amendment and Repeal Bill 2002



     Schedule 1     Transitional provisions



        (2)    Regulations made under subclause (1) may provide that specific
               provisions of this Schedule, or of the old provisions, or of the new
               provisions --
                  (a)   do not apply; or
5                 (b)   apply with specific modifications,
               to or in relation to any matter.
        (3)    Regulations made under subclause (1) must be made within
               12 months after commencement.
        (4)    The Governor may make any regulations that are necessary or
10             convenient for preventing any doubt or difficulty arising as to the
               application or operation of clause 2 or for resolving any doubt or
               difficulty that may have arisen in that regard.
        (5)    If regulations made under subclause (1) or (4) provide that a specified
               state of affairs is to be taken to have existed, or not to have existed, on
15             and from a day that is earlier than the day on which the regulations are
               published in the Gazette but not earlier than commencement, the
               regulations have effect according to their terms.
        (6)    In subclause (5) --
               "specified" means specified or described in the regulations.
20      (7)    If regulations contain a provision referred to in subclause (5), the
               provision does not operate so as --
                  (a)   to affect in a manner prejudicial to any person (other than the
                        State or an authority of the State) the rights of that person
                        existing before the date of publication of those regulations; or
25                (b)   to impose liabilities on any person (other than the State or an
                        authority of the State) in respect of anything done or omitted
                        to be done before the date of publication of those regulations.




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                       Sentencing Legislation Amendment and Repeal Bill 2002



                                       Consequential amendments           Schedule 2



                  Schedule 2 -- Consequential amendments
                                                                               [s. 29(3)]

    1.        Bail Act 1982

    s. 3(1)        In the definitions of "CEO (Justice)" and "community
                   corrections officer" delete "Sentence Administration Act 1995"
                   and insert instead --
                   "   Sentence Administration Act 2003 ".
    s. 3(1)        Delete the definition of "early release order" and insert
                   instead --
                               "
                                   "early release order" means an early release
                                         order made under the Sentence
                                         Administration Act 1995 or Sentence
                                         Administration Act 2003;
                                                                                  ".
    s. 50K         Delete "section 117 of the Sentence Administration Act 1995"
                   and insert instead --
                   "   section 118 of the Sentence Administration Act 2003 ".

    2.        Constitution Acts Amendment Act 1899

    Schedule V In the item dealing with the Parole Board delete "Sentence
    Part 3     Administration Act 1995" and insert instead --
                   "   Sentence Administration Act 2003 ".

5   3.        Criminal Law (Mentally Impaired Defendants) Act 1996

    s. 42(1)(a)    Delete "section 103(1)(a) of the Sentence Administration
                   Act 1995" and insert instead --
                                       "
                                            section 103(1)(a) of the Sentence
                                            Administration Act 2003
                                                                             ".

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Sentencing Legislation Amendment and Repeal Bill 2002



Schedule 2     Consequential amendments



s. 42(1)(b)   Delete "section 103(1)(b) of the Sentence Administration
              Act 1995" and insert instead --
                                  "
                                       section 103(1)(b) of the Sentence
                                       Administration Act 2003
                                                                        ".
s. 42(6)      Delete "Sentence Administration Act 1995" and insert instead --
              "   Sentence Administration Act 2003       ".
s. 43         Delete "section 104 of the Sentence Administration Act 1995"
              and insert instead --
              "   section 104 of the Sentence Administration Act 2003 ".

4.         Fines, Penalties and Infringement Notices Enforcement Act 1994

s. 28(1)      In the definitions of "community corrections activities",
              "community corrections centre" and "community corrections
              officer" delete "Sentence Administration Act 1995" and insert
              instead --
              "   Sentence Administration Act 2003 ".
s. 49(a)      Delete the paragraph and "and" after it and insert instead --
                             "
                                 (a)   section 76 of the Sentence
                                       Administration Act 2003; and
                                                                             ".
s. 50(3)(c)   Delete "Sentence Administration Act 1995" and insert instead --
              "   Sentence Administration Act 2003 ".

5.         Juries Act 1957

Second        In clause 2(m) delete "Sentence Administration Act 1995" and
Schedule      insert instead --
Part I
              "   Sentence Administration Act 2003 ".




page 88
                     Sentencing Legislation Amendment and Repeal Bill 2002



                                   Consequential amendments          Schedule 2



6.           Parole Orders (Transfer) Act 1984

s. 3            In the definitions of "Parole Board" and "parole order" delete
                "Sentence Administration Act 1995" and insert instead --
                "   Sentence Administration Act 2003 ".
s. 9(8)(a)      Delete "section 37 of the Sentence Administration Act 1995" and
                insert instead --
                "   section 44 of the Sentence Administration Act 2003 ".
s. 9(8)(b)      Delete "section 70 of the Sentence Administration Act 1995" and
                insert instead --
                "   section 67 of the Sentence Administration Act 2003 ".

7.           Prisoners (Release for Deportation) Act 1989

s. 3(1)         In the definition of "the Parole Board" delete "Sentence
                Administration Act 1995" and insert instead --
                "   Sentence Administration Act 2003        ".
s. 4(2)         Delete "Sentence Administration Act 1995" and insert instead --
                "   Sentence Administration Act 2003 ".
s. 4(6)         Delete "section 21 of the Sentence Administration Act 1995, "
                and insert instead --
                "   section 20 of the Sentence Administration Act 2003, ".

8.           Prisons Act 1981

s. 77(1)        Delete paragraph (c).
s. 78(1)        Delete paragraph (d).
s. 87(6)        After "work release order" insert --
                " or re-entry release order ".
s. 92(6)(b)     Delete "Sentence Administration Act 1995" and insert instead --
                "   Sentence Administration Act 2003 ".




                                                                           page 89
Sentencing Legislation Amendment and Repeal Bill 2002



Schedule 2      Consequential amendments



9.          Sentencing Act 1995

s. 4(1)        In the definitions of "community corrections centre" and
               "community corrections officer" delete "Sentence Administration
               Act 1995" and insert instead --
               " Sentence Administration Act 2003 ".
s. 23(3)       Delete "a home detention order or a work release order under the
               Sentence Administration Act 1995" and insert instead --
                           "
                               a re-entry release order made under the
                               Sentence Administration Act 2003
                                                                          ".
s. 63(d)       Delete "section 76 of the Sentence Administration Act 1995" and
               insert instead --
                "   section 76 of the Sentence Administration Act 2003 ".
s. 67(2)(c)    Delete "Sentence Administration Act 1995" and insert instead --
               "    Sentence Administration Act 2003 ".
s. 70(d)       Delete "section 76 of the Sentence Administration Act 1995" and
               insert instead --
               "    section 76 of the Sentence Administration Act 2003 ".
s. 74(2)(c)    Delete "Sentence Administration Act 1995" and insert instead --
               "    Sentence Administration Act 2003 ".
s. 96(4)       Delete "Sentence Administration Act 1995" and insert instead --
               "    Sentence Administration Act 2003 ".
s. 97          Delete "Sentence Administration Act 1995" and insert instead --
               "    Sentence Administration Act 2003 ".
s. 101         Delete "Sentence Administration Act 1995" and insert instead --
               "    Sentence Administration Act 2003     ".
s. 141(5)      Delete "Sentence Administration Act 1995" and insert instead --
               "    Sentence Administration Act 2003 ".



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                      Sentencing Legislation Amendment and Repeal Bill 2002



                                   Consequential amendments          Schedule 2



10.         Spent Convictions Act 1988

s. 30(a)          Delete the paragraph and "or" after it and insert instead --
                               "
                                    (a)    section 67 of the Sentence
                                           Administration Act 2003;
                                   (ab)    section 70 of the Sentence
                                           Administration Act 1995; or
                                                                             ".
Schedule 3        In the Table, in item 1, delete "Sentence Administration
clause 1          Act 1995" and insert instead --
                  " Sentence Administration Act 2003 ".

11.         Young Offenders Act 1994

s. 50A(6)         Delete "Sentence Administration Act 1995" and insert
                  instead --
                  "    Sentence Administration Act 2003 ".
s. 50B(2)         Delete "Sentence Administration Act 1995" and insert
                  instead --
                  "    Sentence Administration Act 2003 ".
s. 118(5)         Delete "Sentence Administration Act 1995" and insert
                  instead --
                  "    Sentence Administration Act 2003       ".




 


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