Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsIf a sentence administration proceeding under the old sentence administration law had started, but not ended, immediately before the commencement day—
(a) the proceeding may be continued under the old sentence administration law; and
(b) the old sentence administration law applies to the proceeding as if this Act and the consequential amendments Act had not been enacted.
Example
Three months before the commencement day, Jan was convicted of an offence and sentenced to imprisonment for 6 months, with the sentence ordered to be served under a periodic detention order by 24 detention periods.
One month before the commencement day, under the Periodic Detention Act 1975 , section 24 (1) (part of the old sentence administration law ), Jan applied to the director of corrective services for leave for 2 detention periods for health reasons. The director refused leave 1 week later.
After another week (2 weeks before the commencement day) Jan applied to the Magistrates Court for leave under that Act, section 24 (3). This application started (see this Act, s 328, def) the proceeding in the Magistrates Court (a "sentence administration proceeding"—see this Act, s 328, def).
Immediately before the commencement day, the Magistrates Court had still not heard the application. So, for this section, the proceeding had not ended before the commencement day.
Under this section, on and after the commencement day the proceeding may continue, and the Magistrates Court may hear and decide the application, under the Periodic Detention Act 1975 . That Act applies to the proceeding as if this Act and the consequential amendments Act had not been made.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).