Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) In this section:
"relevant interim Act provisions" means—
(a) a provision of the Rehabilitation of Offenders (Interim) Act 2001 (the interim Act ), other than chapter 3 (Nonparole periods and parole), chapter 4 (Sentence Administration Board) and chapter 5 (Miscellaneous); and
(b) the Rehabilitation of Offenders (Interim) Regulation 2002 , other than section 8 (Standard conditions of parole—Act, s 38 (1) (a)).
"young offender"—see the Children and Young People Act 1999 , section 64.
(2) This section applies to an offender if—
(a) a court made an order under the interim Act, section 6 (Imprisonment by way of home detention) or section 7 (Remand by way of home detention) for the offender; and
(b) the order is, immediately before the commencement day, still in force.
Note A court cannot make an home detention order after the commencement of the Crimes (Sentencing) Act 2005 (see that Act, s 140 (3) (Application of Act—charges after commencement)).
(3) Despite the repeal of the interim Act—
(a) the order continues in force; and
(b) the relevant interim Act provisions as in force immediately before the commencement day are taken, on and after the commencement day, to continue to apply in relation to the administration, performance and enforcement of the order.
(4) If the offender is a sentenced offender (other than a young offender), the offender is, for chapter 7 (Parole), taken to be a full-time detainee.
Note A nonparole period set under the interim Act, s 31 is taken to be a nonparole period set under the Crimes (Sentencing) Act 2005 , s 65 (see that Act, s 141).