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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 343

Parole orders before commencement day

    (1)     This section applies if a parole order (the old parole order ) under the Rehabilitation of Offenders (Interim) Act 2001 is in force immediately before the commencement day.

    (2)     On and after the commencement day—

        (a)     the old parole order (as in force immediately before the commencement day) is taken to be a parole order under chapter 7 (the new parole order ); and

        (b)     the old standard conditions, and any additional conditions included in the old parole order by the board (as in force immediately before the commencement day) apply to the new parole order; and

        (c)     the new core conditions do not apply to the new parole order.

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

        (a)     the proceeding may be continued under the Rehabilitation of Offenders (Interim) Act 2001 ; and

        (b)     the Rehabilitation of Offenders (Interim) Act 2001 applies to the proceeding as if this Act and the consequential amendments Act had not been enacted; and

Note     The consequential amendments Act repeals the Rehabilitation of Offenders (Interim) Act 2001 .

        (c)     the order continues in force, subject to the Rehabilitation of Offenders (Interim) Act 2001 , under that Act until the proceeding ends; and

        (d)     subsection (2) (a) to (c) 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.

    (4)     To remove any doubt, the board may, under chapter 7, do either of the following in relation to the new parole order mentioned in subsection (2) as if the new parole order had been made under that chapter:

        (a)     amend the order;

        (b)     cancel or discharge the order.

    (5)     In this section:

"new core conditions", in relation to the new parole order, mean the core conditions for the order under section 137 (Parole order—core conditions).

"old standard conditions", in relation to the old parole order, mean the standard conditions for the order prescribed by regulation made for the Rehabilitation of Offenders (Interim) Act 2001 , section 38 (1) (a).

Note     A nonparole period set under the Rehabilitation of Offenders (Interim) Act 2001 for an offender is taken to be a nonparole period set under the Crimes (Sentencing) Act 2005 , s 65 (see that Act, s 141).



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