Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 335

Conditional release—Periodic Detention Act, s 32

    (1)     This section applies if—

        (a)     a court made an order under the Periodic Detention Act 1995 , section 32 (a conditional release order ); and

        (b)     the order is, immediately before the commencement day, still in force.

    (2)     On and after the commencement day, the conditional release order is 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.

    (3)     However, if, on the commencement day, a sentence administration proceeding had started (but not ended) under the old sentence administration law in relation to the conditional release order, then, on and after the commencement day—

        (a)     the proceeding may be continued under the old sentence administration law; and

        (b)     the old sentence administration law 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 old sentence administration law.

        (c)     the order continues in force under the Periodic Detention Act 1995 until the proceeding ends, subject to the old sentence administration law; and

        (d)     the order (as amended, if at all) 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) applies, unless the order ceases to be in force because of the proceeding.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback