Australian Capital Territory Numbered Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 328

In this chapter:

"amend", a direction or order of a court, the board, the chief executive or the director of corrective services, includes all of the following:

        (a)     amend a condition of the direction or order;

        (b)     include a new condition in the direction or order;

        (c)     omit a condition from the direction or order;

        (d)     extend or reduce the term of the direction or order.

"commencement day" means the day the Crimes (Sentencing) Act 2005 , chapter 10 (Transitional) commences.

"consequential amendments Act "means the Crimes (Sentencing Legislation) Consequential Amendments Act 2005 .

"director of corrective services" means the director of corrective services under the Periodic Detention Act 1995 (repealed).

"ends"—a sentence administration proceeding ends when—

        (a)     a court, or the board, makes a final order, direction or finding in the proceeding, or the proceeding in the court or the board has otherwise concluded; and

        (b)     either—

    (i)     the period (if any) within which any appeal may be made to a court in relation to the proceeding has ended, and no appeal has been made; or

              (ii)     if any appeal to a court has been made in relation to the proceeding—the proceeding in any such appeal has concluded.

"offender" includes an accused person who is on remand.

"old sentence administration law", for an offence (or alleged offence)," "means the law of the territory as in force immediately before the commencement day in relation to the administration, performance and enforcement of sentences and orders (including orders for remand) made in relation to the offence (or alleged offence).

Examples

1     the Crimes Act 1900 , pt 18 (Conditional release of offenders) and pt 19 (Community service orders)

2     the Rehabilitation of Offenders (Interim) Act 2001 , pt 2.3, pt 2.4 and pt 2.5 (which deal with the administration and performance of home detention orders) and pt 3.3, pt 3.4 and pt 3.5 (which deal with the making and administration of parole orders and the performance of parole)

3     the Periodic Detention Act 1995 , pt 2 and pt 3 (which deal with the making and administration of periodic detention orders and the performance of periodic detention)

Note 1     The legislation in the examples, and other aspects of the old sentence administration law, are repealed or amended by the consequential amendments Act.

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).

"recognisance" includes any form of giving security.

"sentence administration proceeding "means any of the following proceedings under the old sentence administration law in relation to an offender who is subject to an order or direction of a court, the board, the chief executive or the director of corrective services:

        (a)     a proceeding in relation to a breach of the order or direction;

        (b)     a proceeding for the cancellation, rescission, revocation or discharge of the order or direction (for any reason), other than an appeal to a court in relation to an order under the Crimes Act 1900 , as in force at any time before the commencement day;

        (c)     a proceeding to amend the order or direction, other than an appeal to a court in relation to an order under the Crimes Act 1900 , as in force at any time before the commencement day;

        (d)     a proceeding for leave in relation to the order or direction.

"starts"—a sentence administration proceeding starts at the earliest of the following times:

        (a)     an application is filed, or an information is sworn, to start the proceeding;

        (b)     a warrant for the offender's arrest is issued for the offender in relation to the proceeding;

        (c)     a summons is issued for the offender in relation to the proceeding;

        (d)     the offender signs a voluntary agreement to attend before a court in relation to the proceeding;

        (e)     for a proceeding in relation to the breach of a direction or order—the breach is brought to a court's attention in the course of a proceeding in relation to another matter.