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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMES (SENTENCING PROCEDURE) AMENDMENT (EXISTING LIFE SENTENCES) BILL 2005





                        New South Wales




Crimes (Sentencing Procedure)
Amendment (Existing Life Sentences)
Bill 2005


Contents

                                                                       Page
          1    Name of Act                                               2
          2    Commencement                                              2
          3    Amendment of Crimes (Sentencing Procedure) Act 1999
               No 92                                                     2
          4    Amendment of Crimes (Administration of Sentences) Act
               1999 No 93                                                2
  Schedule 1   Amendment of Crimes (Sentencing Procedure) Act 1999       3
  Schedule 2   Amendment of Crimes (Administration of Sentences)
               Act 1999                                                  4
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.


                                               Clerk of the Legislative Assembly.
                                               Legislative Assembly,
                                               Sydney,                     , 2005




                            New South Wales




Crimes (Sentencing Procedure)
Amendment (Existing Life Sentences)
Bill 2005
Act No      , 2005




An Act to amend the Crimes (Sentencing Procedure) Act 1999 with respect to
existing life sentences the subject of non-release recommendations; and for other
purposes.




I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.


                          Chairman of Committees of the Legislative Assembly.
              Crimes (Sentencing Procedure) Amendment (Existing Life Sentences)
Clause 1      Bill 2005




The Legislature of New South Wales enacts:
 1    Name of Act
           This Act is the Crimes (Sentencing Procedure) Amendment (Existing
           Life Sentences) Act 2005.
 2    Commencement
           This Act commences on the date of assent.
 3    Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
           The Crimes (Sentencing Procedure) Act 1999 is amended as set out in
           Schedule 1.
 4    Amendment of Crimes (Administration of Sentences) Act 1999 No 93
           The Crimes (Administration of Sentences) Act 1999 is amended as set
           out in Schedule 2.




Page 2
Crimes (Sentencing Procedure) Amendment (Existing Life Sentences)
Bill 2005

Amendment of Crimes (Sentencing Procedure) Act 1999                     Schedule 1




Schedule 1             Amendment of Crimes (Sentencing
                       Procedure) Act 1999
                                                                           (Section 3)
[1]   Schedule 1 Existing life sentences
      Insert ", and includes any such recommendation, observation or expression of
      opinion that (before, on or after the date of assent to the Crimes (Sentencing
      Procedure) Amendment (Existing Life Sentences) Act 2005) has been quashed,
      set aside or called into question" after "imprisonment" in the definition of
      non-release recommendation in clause 1.
[2]   Schedule 1, clause 5
      Insert "or (3)" after "4 (1)" in clause 5 (1).
[3]   Schedule 2 Savings, transitional and other provisions
      Omit clause 21 (2). Insert instead:
             (2)   In particular, any such application that had been made before 8
                   May 1997 under section 13A of the 1989 Act but had not been
                   determined as at the date of assent to the Crimes (Sentencing
                   Procedure) Amendment (Existing Life Sentences) Act 2005,
                   being an application made by an offender who is the subject of a
                   non-release recommendation:
                    (a) is not to be determined until the offender has served at least
                          30 years of the existing life sentence to which the
                          application relates, and
                   (b) is to be disposed of in accordance with clause 4 (3) of
                          Schedule 1 to this Act, and not otherwise.
[4]   Schedule 2, clause 39
      Omit the clause.




                                                                             Page 3
                Crimes (Sentencing Procedure) Amendment (Existing Life Sentences)
                Bill 2005

Schedule 2      Amendment of Crimes (Administration of Sentences) Act 1999




Schedule 2            Amendment of Crimes (Administration
                      of Sentences) Act 1999
                                                                             (Section 4)
[1]   Section 154A Serious offenders the subject of non-release
      recommendations
      Insert ", as in force from time to time" after "Schedule" in section 154A
      (4) (b).
[2]   Schedule 5 Savings, transitional and other provisions
      Insert ", as in force from time to time" after "Schedule" in clause 62 (b).




Page 4


 


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