Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This Act applies to an offender in relation to an offence if the offender is charged with the offence on or after the commencement of this section, whether the offence was committed before or after the commencement of this section.
(2) The old sentencing law continues to apply to an offender in relation to an offence if the offender was charged with the offence before the commencement of this section.
(3) However, a court must not make a home detention order under the Rehabilitation of Offenders (Interim) Act 2001 for the offender.
(4) This section applies subject to the transitional provisions of the Crimes (Sentence Administration) Act 2005 .
(5) In this section:
"old sentencing law" means the law of the Territory as in force immediately before the commencement of this section in relation to proceedings for offences, including the following:
(a) the making of orders for the conditional release of offenders (whether with or without conviction);
(b) the imposition of sentences for offenders convicted of offences;
(c) the making and enforcement of reparation orders for offenders;
(d) the making of other orders for offenders on conviction (for example, community service orders).
Examples
1 the Crimes Act 1900 , part 15 (Sentences), part 18 (Conditional release of offenders) and part 19 (Community service orders)
2 the Periodic Detention Act 1995 , section 4
Note 1 The legislation in the examples, and other aspects of the old sentencing law, are repealed or amended by the Crimes (Sentencing Legislation) Consequential Amendments Act 2005 .
Note 2 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).
(6) This section expires 5 years after the day it commences.