Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 36

    (1)     A full-time detainee may be kept in full-time detention at the NSW correctional centre stated in the direction, or at any other NSW correctional centre, until the detainee is released from imprisonment under this Act or another territory law.

    (2)     If the full-time detainee is serving a sentence of imprisonment, the detainee—

        (a)     is taken, while in full-time detention at a NSW correctional centre, to be serving the sentence of imprisonment at a correctional centre as required by the Crimes (Sentencing) Act 2005

, section 10 (3) (Imprisonment); but

        (b)     until released from imprisonment under this Act or another territory law, may be dealt with as if the detainee's sentence were a sentence imposed under New South Wales law.

    (3)     Despite subsection (2) (b)—

        (a)     the following provisions of this Act apply in relation to the full-time detainee:

              (i)     section 30 (Unlawful absence by offender—extension of sentence);

              (ii)     section 31 (Early release of offender);

              (iii)     section 32 (Release at end of sentence);

              (iv)     section 33 (Offender not to be released if serving another sentence etc);

              (v)     chapter 7 (Parole);

              (vi)     section 198 (Board may require official reports);

              (vii)     chapter 13 (Release on licence, remission and pardon);

              (viii)     a provision prescribed by regulation; and

        (b)     the following provisions of the Corrections Management Act 2007

apply in relation to the detainee:

              (i)     section 94 (Segregated detainees removed to NSW);

              (ii)     a provision prescribed by regulation.

Note     The Crimes (Administration of Sentences) Act 1999

(NSW), s 44 makes provision for ACT law to apply in relation to the full-time detainee.