2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Crimes (Sentencing) Amendment Bill 2014

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Imprisonment
Section 10 (3), examples for par (b), except notes	2
	5	Periodic detention
Section 11 (2) and (3)	2
	6	Combination sentences—offences punishable by imprisonment
Section 29 (1) (a), except note	3
	7	Section 29 (1), example 2, 1st dot point	3
	8	Section 29 (1), example 2, 2nd dot point	3
	9	Application—pt 5.2
Section 64 (2), new note	3
	10	Imprisonment—official notice of sentence
Section 84 (2) (c)	4
	11	New chapter 12	4
Schedule 1	Consequential amendments	5
Part 1.1	Crimes (Child Sex Offenders) Act 2005	5
Part 1.2	Crimes (Sentence Administration) Act 2005	5
Part 1.3	Electoral Act 1992	6
Part 1.4	Spent Convictions Act 2000	6

2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Crimes (Sentencing) Amendment Bill 2014

A Bill for
An Act to amend the Crimes (Sentencing) Act 2005, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Crimes (Sentencing) Amendment Act 2014.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Crimes (Sentencing) Act 2005.
Note	This Act also amends the following legislation (see sch 1):
·	Crimes (Child Sex Offenders) Act 2005
·	Crimes (Sentence Administration) Act 2005
·	Electoral Act 1992
·	Spent Convictions Act 2000.
4	Imprisonment
Section 10 (3), examples for par (b), except notes
substitute
Example—par (b)
release on parole under the Crimes (Sentence Administration) Act 2005
5	Periodic detention
Section 11 (2) and (3)
substitute
	(2)	The court may order that the sentence of imprisonment be served by periodic detention.
Note	Periodic detention may be part of a combination sentence together with other sentencing options (see pt 3.6). However, periodic detention must not be combined with full-time detention (see s 29 (1) (a)).
	(3)	The periodic detention must be for a period of at least 3 months and must end before 1 July 2016.
6	Combination sentences—offences punishable by imprisonment
Section 29 (1) (a), except note
substitute
	(a)	an order sentencing the offender to imprisonment (as full-time detention or periodic detention, but not a combination of these kinds of imprisonment);
7	Section 29 (1), example 2, 1st dot point
omit
2 years
substitute
3 years
8	Section 29 (1), example 2, 2nd dot point
omit
9	Application—pt 5.2
Section 64 (2), new note
insert
Note	Subsection (2) has application to sentences of imprisonment imposed before the Crimes (Sentencing) Amendment Act 2014 commenced. Under amendments made by that Act, an order sentencing an offender to imprisonment cannot combine full-time detention and periodic detention.
10	Imprisonment—official notice of sentence
Section 84 (2) (c)
substitute
	(c)	whether the sentence is to be served as full-time detention or periodic detention;
11	New chapter 12
insert
Chapter 12	Transitional—Crimes (Sentencing) Amendment Act 2014
204	Application of amendments
	(1)	The amendments of this Act made by the Crimes (Sentencing) Amendment Act 2014 apply to the sentencing of an offender for an offence if the offender is sentenced for the offence on or after the commencement day.
	(2)	In this section:
commencement day means the day the Crimes (Sentencing) Amendment Act 2014, section 3 commences.
sentence includes re-sentence. 
205	Expiry—ch 12
This chapter expires on 1 July 2016.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Crimes (Child Sex Offenders) Act 2005
[1.1]	Section 83 (b), example and note
omit
Part 1.2	Crimes (Sentence Administration) Act 2005
[1.2]	Section 39
omit
all or part of
[1.3]	Section 116ZL (1)
omit
all or part of
[1.4]	Section 116ZL (2) (b)
omit
all or part of
Part 1.3	Electoral Act 1992
[1.5]	Section 71A (2), definition of sentence of imprisonment
omit
of the sentence
Part 1.4	Spent Convictions Act 2000
[1.6]	Section 11 (3), definition of sentence of imprisonment, paragraph (a)
omit
a period of

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 30 October 2014.
2	Notification
	Notified under the Legislation Act on	2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2014