Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsDictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• administrative unit
• adult
• chief executive (see s 163)
• director of public prosecutions
• doctor
• entity
• law (of the Territory)
• lawyer
• may (see s 146)
• must (see s 146)
• oath
• police officer
• road transport authority
• sentence administration board
• statutory office-holder
• territory authority
• working day.
"additional offence", for part 4.4 (Taking additional offences into account)—see section 55.
"assessor", for part 4.2 (Pre-sentence reports)—see section 41 (5).
"bail condition"—see the Bail Act 1992, dictionary.
"because of", an offence, for part 4.3 (Victim impact statements)—see section 47.
"combination sentence"—see section 29 (1) (Combination sentences—offences punishable by imprisonment) and section 30 (1) (Combination sentences—offences punishable by fine).
"community service condition", of a good behaviour order for an offender—see section 85.
"community service work"—see the Crimes (Sentence Administration) Act 2005, dictionary.
"controlled drug" means a controlled drug under the Criminal Code, chapter 6 (Serious drug offences).
"correctional centre" means—
(a) a correctional centre under the Crimes (Sentence Administration) Act 2005; or
(b) a NSW correctional centre.
"corrections officer"—see the Crimes (Sentence Administration) Act 2005, dictionary.
"court"—if a court has sentenced an offender, made an order or given a direction, means the same court, however constituted.
"deferred sentence obligations", for an offender, see section 120.
"deferred sentence order"—see section 27 (2).
"domestic violence offence"—see the Domestic Violence and Protection Orders Act 2001, section 9 (2).
"driver licence disqualification order"—see section 17 (2).
"existing sentence", for part 5.3 (Imprisonment—concurrent and consecutive sentences)—see section 70 (1).
"fine", for part 5.3 (Imprisonment—concurrent and consecutive sentences)—see section 69.
"fine order"—see section 14 (2).
"good behaviour order"—see section 13 (2).
"harm", for part 4.3 (Victim impact statements)—see section 47.
"list of additional offences", for part 4.4 (Taking additional offences into account)—see section 55.
"non-association order"—see section 21.
"non-conviction order"—see section 17 (2).
"nonparole period", for a sentence of imprisonment—
(a) see section 65 (2) (Nonparole periods—court to set); and
(b) if the nonparole period of the sentence is amended—means the nonparole period as amended.
"offender"—see section 8.
"parole order"—see the Crimes (Sentence Administration) Act 2005, dictionary.
"periodic detention"—see the Crimes (Sentence Administration) Act 2005, dictionary.
"periodic detention period"—see section 11 (2), and includes the period as amended under the Crimes (Sentence Administration) Act 2005.
"place restriction order"—see section 21.
"pre-sentence report"—see section 41 (1).
"pre-sentence report order"—see section 41 (1).
"primary sentence", for part 5.3 (Imprisonment—concurrent and consecutive sentences)—see section 70 (1).
"primary victim", for part 4.3 (Victim impact statements)—see section 47, definition of "victim", paragraph (a).
"principal offence", for part 4.4 (Taking additional offences into account)—see section 55.
"probation condition", of a good behaviour order for an offender, means a condition included in the order that, during the period of the order, or for a part of that period stated in the order, the offender is—
(a) to be on probation subject to the supervision of a person appointed under the order; and
(b) to obey all reasonable directions of the appointed person.
Example of directions for par (b)
that the offender comply with a condition mentioned in section 13 (3) (g), examples, even if the condition is not a condition of the order
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"rehabilitation program", for a good behaviour order—see section 93.
"rehabilitation program condition", of a good behaviour order for an offender—see section 93.
"reparation order" means an order under—
(a) section 19 (3) (Reparation orders—losses and expenses generally); or
(b) section 20 (3) or (4) (Reparation orders—stolen property).
"sentence "means—
(a) when used as a noun—the penalty imposed for an offence; or
(b) when used as a verb—to impose a penalty for an offence.
"sentence of imprisonment" includes—
(a) a sentence of imprisonment that has been imposed but is yet to start; and
(b) a combination sentence that imposes a penalty of imprisonment together with another penalty.
"sentence-related order", for part 4.4 (Taking additional offences into account)—see section 55.
"sentencing court", for part 8.2 (Deferred sentence orders—supervision) and part 8.3 (Deferred sentence orders—amendment or cancellation)—see section 123.
"surety", for a good behaviour order for an offender, means a person other than the offender who gives security for complying with the order.
"suspended sentence order"—see section 12 (2).
"term"—if the term of a sentence is amended under the Crimes (Sentence Administration) Act 2005, the term of the sentence as amended.
"victim", of an offence, for part 4.3 (Victim impact statements)—see section 47.
"victim impact statement", for an offence, for part 4.3 (Victim impact statements)—see section 47.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 7 April 2005.
2 Notification
Notified under the Legislation Act on 2 December 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
I certify that the above is a true copy of the Crimes (Sentencing) Bill
2005, which was passed by the Legislative Assembly on 22 November
2005.
Clerk of the Legislative Assembly
© Australian Capital Territory 2005