Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if—
(a) an offender is charged with an offence before the commencement day (whether the proceeding for the offence starts or ends before, on or after the commencement day); and
(b) a court makes an order under the Periodic Detention Act 1995 , section 4 (the periodic detention order ) for the offender; and
(c) if the order was made before the commencement day—the order is, immediately before the commencement day, still in force.
Note A court may make an order under the Periodic Detention Act 1995 , s 4 for the periodic detention of the offender if the offender was charged with the offence before the commencement day (see Crimes (Sentencing) Act 2005 , s 140 (2) (Application of Act—charges after commencement)).
(2) If the periodic detention order was made before the commencement day, then, on and after the commencement day—
(a) the order (as in force immediately before the commencement day) is taken to be the setting of a periodic detention period under the Crimes (Sentencing) Act 2005 ; and
(b) the old core conditions, and any additional conditions included in the order (as in force immediately before the commencement day), apply to the offender for the periodic detention period; and
(c) the periodic detention period ends when the offender has served the number of detention periods to be served under the order (as in force immediately before the commencement day), unless the periodic detention period is amended under this Act; and
(d) the number of detention periods required to be served by the offender under the periodic detention period is the number of detention periods remaining to be served under the order, as worked out immediately before the commencement day, subject to any change in the number of detention periods the offender is required to serve under this Act; and
(e) the new core conditions do not apply to the offender for periodic detention period; and
(f) section 58 (Failing to perform periodic detention—extension of periodic detention period) applies to the offender only in relation to a detention period after the commencement of this section.
(3) However, if the periodic detention order was made before the commencement day, and, on the commencement day, a sentence administration proceeding had started (but not ended) under the Periodic Detention Act 1995 in relation to the order, then, on and after the commencement day—
(a) the proceeding may be continued under the Periodic Detention Act 1995 ; and
(b) the Periodic Detention Act 1995 applies in relation to the proceeding as if this Act and the consequential amendments Act had not been enacted; and
Note The consequential amendments Act repeals the Periodic Detention Act 1995 .
(c) the order continues in force, subject to the Periodic Detention Act 1995 , under that Act until the proceeding ends; and
(d) subsection (2) (a) to (f) applies to the order (as amended, if at all) from immediately after the time the proceeding ends, unless the order ceases to be in force because of the proceeding; and
(e) if, as part of the proceeding, the court makes an order under the Periodic Detention Act 1995 , section 32 (Conditional release), the order is, from immediately after the time the proceeding ends, taken to be a s 403 (1) (a) order to which section 337 (2) (a) to (e) (Conditional release of convicted offenders— Crimes Act, s 403 (1) (a)) applies.
(4) If the periodic detention order is made on or after the commencement day—
(a) the order is, from immediately after the time it is made, taken to be the setting of a periodic detention period under the Crimes (Sentencing) Act 2005 for the offender; and
(b) any conditions included in the order apply to the offender for the periodic detention period; and
(c) the periodic detention period ends when the offender has served the number of detention periods to be served under the order, unless the periodic detention period is amended under this Act; and
(d) the new core conditions apply to the offender for the periodic detention period; and
(e) the old core conditions do not apply to the offender.
(5) To remove any doubt, this Act applies in relation to the periodic detention period mentioned in subsection (2) or (4) as if the period has been set under the Crimes (Sentencing) Act 2005 , subject to subsection (2) (f) and subsection (3) (c) (if applicable).
(6) In this section:
"new core conditions", in relation to the periodic detention period, mean the core conditions under section 43 (Periodic detention—core conditions).
"old core conditions", in relation to the periodic detention order, mean the core conditions for the order under the Periodic Detention Act 1995 , section 5.