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CRIMES (SENTENCE ADMINISTRATION) AMENDMENT REGULATION 2007 (NO 1) (NO 13 OF 2007)
2007
THE
LEGISLATIVE ASSEMBLY FOR
THE AUSTRALIAN CAPITAL
TERRITORY
CRIMES
(SENTENCE ADMINISTRATION)
AMENDMENT REGULATION 2007 (No
1)
EXPLANATORY
STATEMENT
Circulated by authority of
the
Attorney General
Simon Corbell MLA
The Crimes (Sentencing) Act 2005, the Crimes (Sentence
Administration) Act 2005 and the Corrections Management Bill 2006 have been
drafted using common terms, methods and connections. The three are designed to
work together and make sense of a sentence from sentencing to the completion of
a prison term.
The Sentencing Legislation Amendment Act 2006
provided consequential amendments for the Crimes (Sentencing) Act
2005, the Crimes (Sentence Administration) Act 2005, and the
foreshadowed Corrections Management Act. The Sentencing Legislation
Amendment Act 2006 repealed old sentencing and sentence administration laws
and updated references in the ACT’s statute book to be consistent with the
new laws.
The Sentencing Legislation Amendment Act 2006 also
provided transitional arrangements to enable the existing custodial laws to
apply until the Corrections Management Act has
commenced.
Amendment 1.163 in schedule 1 to the Sentencing Legislation
Amendment Act 2006 introduced a new transitional chapter 17 to the Crimes
(Sentence Administration)
Act 2005.
Chapter 17 now
provides transitional arrangements to enable existing custodial laws to apply
until the Corrections Management Act has commenced. To ensure the
ACT’s custodial laws continue to operate in harmony with the new
Sentencing Acts, chapter 17 also provides transitional methods and powers to
resolve any legal conflicts should they arise.
Section 612 of the
Crimes (Sentence Administration) Act 2005 is part of chapter 17 and
operates to expire the chapter 1 year after it commenced, namely 2 June 2007.
However, section 611 of that Act also provides that a regulation may prescribe
transitional measures necessary or convenient to be prescribed because of the
enactment of the three pieces of legislation. In the circumstances of the
Corrections Management Bill not yet having been passed close to the 2 June 2007
expiry date, this regulation retains chapter 17 for a longer period.
In
order that the statute book should continue to make it clear what arrangements
applied during the period before 2 June 2006 and the commencement of the
Corrections Management Act (the interim custody period), the regulation
also enables the transitional provisions to appear on the statute book for a
conservative period of two years.
In time section 612 will be
substantively amended in a similar way to the operation of this regulation
modifying section 612.
This is a technical clause which names the regulation. The name of the regulation would be the Crimes (Sentence Administration) Amendment Regulation 2007.
The regulation commences on the day following the day the regulation is notified on the legislation register.
This clause identifies the regulation to be amended, namely the Crimes (Sentence Administration) Regulation 2006.
Clause 4 — New section 5
Clause 4 inserts new words into
section 5(2) of the Crimes (Sentence Administration)
Regulation
2006. Section 5 of the regulation expires the section and schedule 1 of the
regulation on the day the foreshadowed Corrections Management Act
commences.
Clause 4 will ensure that section 5 will expire when schedule
1, part 1.3 of the foreshadowed Corrections Management Act commences. In
effect, it expires the regulation upon commencement of the Correction Management
Act’s schedule, rather than the whole Act. The regulation will expire
when schedule 1, part 1.3 of the Corrections Management Act commences, because
the schedule 1 of the Act includes relevant amendments that give effect to the
substance of this regulation.
Existing section 5 relies upon the
regulation making power in section 611 of the Crimes (Sentence
Administration) Act 2005 to modify the transitional arrangements in the
Crimes (Sentence Administration) Act 2005. The modifications are set out
in schedule 1 of the regulation.
Clause 5 — Schedule 1, new modification 1.1A
Schedule 1 of
the regulation amends the Crimes (Sentence Administration)
Act
2005.
New 1.1A to Schedule 1 qualifies the definition of
interim custody period in section 603(1) of the Crimes
(Sentence Administration) Act 2005. The amendment means that the interim
custody period lasts until the commencement of chapter 3 of the foreshadowed
Corrections Management Act, rather than the Act as a whole. This is because
certain parts of the foreshadowed Act may need to be commenced ahead of other
parts.
Clauses 6 and 7 — Modifications 607A and 607B
Schedule 1
of the regulation is currently in force and reads in new sections 607A and 607B
into the Crimes (Sentence Administration) Act 2005.
Explanation of
these sections was set out in the explanatory statement to the Crimes
(Sentence Administration) Regulation 2006, SL2006–23.
Clauses 6
and 7 expire the modified provisions 607A and 607B when schedule 1, part 1.3 of
the foreshadowed Corrections Management Act commences.
Clause 8 — Schedule 1, new modifications 1.2
Clause 8
modifies section 612 of the Crimes (Sentence Administration) Act 2005 to
enable chapter 17 to continue until two years after the foreshadowed Corrections
Management Act commences.