New South Wales Consolidated Acts

HABITUAL CRIMINALS ACT 1957 - SECT 2

2 Repeals and savings

(1) The enactments mentioned in the Schedule to this Act are to the extent therein specified hereby repealed.

(2)

(a) Nothing in this Act shall affect the validity of the declaration of any person as an habitual criminal under the provisions of the Habitual Criminals Act 1905-1952 .

(b) Any person who, immediately before the commencement of this Act, was an habitual criminal under the provisions of the Habitual Criminals Act 1905-1952 , shall be an habitual criminal under the provisions of this Act, and shall, unless immediately before such commencement, the person was at large pursuant to a licence granted under the provisions of section 7 of the Habitual Criminals Act 1905-1952 , be detained in prison until released in accordance with the provisions of subsection (1) of section 7 of this Act.

(d) Any person detained in prison pursuant to the provisions of paragraph (b), or pursuant to a direction of a judge, justice or justices given under the provisions of section 8 of the Habitual Criminals Act 1905-1952 shall be deemed to be a convicted inmate within the meaning of the Crimes (Administration of Sentences) Act 1999 , as amended by this Act.

(3)

(a) All moneys which immediately before the commencement of this Act were standing to the credit of an habitual criminal in an account opened in his or her name at a Gaol pursuant to Regulation twenty-one of the Regulations made under the Habitual Criminals Act 1905 , as amended by subsequent Acts, and published in the Gazette number one hundred and thirty-five of the eleventh day of October, one thousand nine hundred and twenty-nine, shall continue to stand to the credit of such habitual criminal in such account until released in accordance with the provisions of subsection (1) of section 7, and shall upon release be dealt with in the manner prescribed by paragraph (1) of Regulation 22A of those Regulations as if that paragraph were in force at the date of release.

(b) All moneys paid, either before or after the commencement of this Act, to the Managing Secretary of the Prisoners' Aid Association pursuant to the said paragraph (1) and held by the Managing Secretary for payment to an habitual criminal or held by such Association in trust for an habitual criminal shall continue to be so held and shall be dealt with as if the said Regulation 22A (paragraph (7) thereof excepted) were in force and applied to such moneys.