Australian Capital Territory Numbered Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 344

    (1)     This section applies if—

        (a)     before the commencement day, a proceeding for an offender had been started by the board in relation to the making of a parole order (the old parole order ) under the Rehabilitation of Offenders (Interim) Act 2001 ; and

        (b)     immediately before commencement day, the proceeding had not ended.

    (2)     On and after the commencement day, the proceeding may be continued, and the board may make an old parole order for the offender, under the Rehabilitation of Offenders (Interim) Act 2001 as if this Act and the consequential amendments Act had not been enacted.

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

    (3)     If the board makes an old parole order for the offender—

        (a)     the old parole order is taken to be a parole order under chapter 7 (the new parole order ) immediately after the time the old parole order is made; and

        (b)     any conditions included in the old parole order apply to the new parole order; and

        (c)     the new core conditions apply to the new parole order; and

        (d)     the old standard conditions do not apply to the new parole order.

    (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 (3) 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).