New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT (EXISTING LIFE SENTENCES) ACT 2001 - SCHEDULE 1

SCHEDULE 1 – Amendment of Crimes (Sentencing Procedure) Act 1999

(Section 3)

[1] Schedule 1 Existing life sentences

Insert in alphabetical order in clause 1:

"sentencing court", in relation to an offender who has been resentenced as a result of a re-trial or other appeal proceedings, includes both the court by which a penalty was originally imposed for the offence and the court (whether the same court or a different court) by which a penalty was finally imposed for the offence.

[2] Schedule 1, clause 2

Omit "20" from clause 2 (2) (b). Insert instead "30".

[3] Schedule 1, clause 4

Insert after clause 4 (2):

(3) In the case of an offender who is the subject of a non-release recommendation, the Supreme Court may dispose of an application in relation to an existing life sentence:

(a) by setting a non-parole period for the sentence, or

(b) by declining to set a non-parole period for the sentence,

but does not have jurisdiction to set a specified term for the sentence.

[4] Schedule 1, clause 8

Insert "or (3)" after "(1)" in clause 8 (1) (a).

[5] Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Crimes Legislation Amendment (Existing Life Sentences) Act 2001

[6] Schedule 2, Part 3

Insert after Part 2 of Schedule 2:

Part 3 - Provisions consequent on enactment of Crimes Legislation Amendment (Existing Life Sentences) Act 2001

38 Definition In this Part, "the 2001 amending Act" means the Crimes Legislation Amendment (Existing Life Sentences) Act 2001 .

39 Application of amendments The amendments made to this Act by the 2001 amending Act do not affect:

(a) any proceedings before the Supreme Court on an application under clause 2 of Schedule 1 to this Act that had been made, but not disposed of, before the commencement of those amendments, or

(b) any determination made by the Supreme Court under clause 4 of Schedule 1 to this Act before the commencement of those amendments.