2004

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

CRIMES (SENTENCING LEGISLATION) CONSEQUENTIAL AMENDMENTS BILL 2004
EXPOSURE DRAFT

EXPLANATORY STATEMENT

Circulated by authority of the
Attorney General
Jon Stanhope MLA

Outline
This Bill provides for the amendment and repeal of current legislation relating to sentencing and sentencing administration as a result of the enactment of the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

The provisions of the Bill are explained in detail below.

Part 1 to Part 4– Preliminary
This part contains the formal clauses for the Bill, setting out the name of the Act, arrangements for commencement, and the legislation amended and appealed by the Act. 

The Bill repeals the following Acts and regulations:

•	Community Based Sentences (Transfer) Act 2003;
•	Parole Orders (Transfer) Act 1983;
•	Periodic Detention Act 1995;
•	Periodic Detention Regulations 1995;
•	Prisoners (International Transfer) Act 1999;
•	Prisoners Interstate Leave Act 1997;
•	Prisoners (Interstate Transfer) Act 1993;
•	Rehabilitation of Offenders (Interim) Act 2001;
•	Rehabilitation of Offenders (Interim) Regulations 2001;
•	Remand Centres Act 1976;
•	Remand Centres Regulations 1976; 
•	Removal of Prisoners Act 1968; and
•	Supervision of Offenders (Community Service Orders) Act 1985.  

The Bill also repeals a number of related instruments.

Schedule 1 – Consequential amendments 
Part 1.1 – Bail Act 1992

Clauses 1.1 – 1.10 
This part alters the terminology and definitions in the Bail Act 1992 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Part 1.2 – Children and Young People Act 1999

Clauses 1.11 – 1.20
This part alters the terminology and definitions in the Children and Young People Act 1999 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Part 1.3 – Clinical Waste Act 1990

This part alters the terminology in the Clinical Waste Act 1990 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Clause 1.21
This clause substitutes a reference to section 402 of the Crimes Act 1900 in the Clinical Waste Act 1990 with the terminology used in the Crimes (Sentence Administration) 
Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.4 – Confiscation of Criminal Assets Act 2003

Clauses 1.22– 1.23
This part alters the terminology in the Confiscation of Criminal Assets Act 2003 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.5 – Coroners Act 1997

Clauses 1.24 – 1.28
This part alters the terminology and definitions in the Coroners Act 1997 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.6 – Court Procedures Act 2004

Clause 1.29
This part alters the terminology in the Court Procedures Act 2004 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

The amendment in this part takes account of amendments of the Crown Proceedings Act 1992 proposed to be made by the Court Procedures (Consequential Amendments) Bill 2004.  

Part 1.7 – Crimes Act 1900

Clauses 1.30 – 1.52
This part alters the terminology and definitions in the Crimes Act 1900 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Part 1.8 – Crimes (Forensic Procedures) Act 2000

Clauses 1.53 – 1.58
This part alters the terminology and definitions in the Crimes (Forensic Procedures) 
Act 2000 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Part 1.9 – Custodial Escorts Act 1998

Clauses 1.59 – 1.62
This part alters the terminology and definitions in the Custodial Escorts Act 1988 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Part 1.10 – Custodial Escorts Regulations 2002

Clauses 1.63 – 1.66
This part alters the terminology in the Custodial Escorts Regulations 2002 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Part 1.11 – Director of Public Prosecutions Act 1990

Clauses 1.67 – 1.68
This part alters the terminology in the Director of Public Prosecutions Act 1990 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Part 1.12 – Domestic Violence and Protection Orders Act 2001

Clauses 1.69 – 1.70
This part alters the terminology in the Domestic Violence and Protection Orders Act 2001 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

The amendments in this part take account of amendments of the Protection Orders Act 2001 proposed to be made by the Domestic Violence and Protection Orders Amendment 
Bill 2004.  

Part 1.13 – Drugs of Dependence Act 1989

Clauses 1.71 – 1.76
This part alters the terminology in the Drugs of Dependence Act 1989 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Part 1.14 – Electoral Act 1992

Clauses 1.77 – 1.82
This part alters the terminology and definitions in the Electoral Act 1992 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Part.1.15 – Environment Protection Act 1997

This part alters the terminology in the Environment Protection Act 1997 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Clause 1.83
This clause removes a reference to the Crimes Act 1900.

Part 1.16 – Evidence (Miscellaneous Provisions) Act 1991

This part alters the terminology in the Evidence (Miscellaneous Provisions) Act 1991 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Clause 1.84
Subsection (f) of the definition of territory court is substituted with Sentence Administration Board.

Part 1.17 – Firearms Act 1996

Clause 1.85 – 1.88
This part alters the terminology and definitions in the Firearms Act 1996 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.18 – Firearms Regulations

This part alters the terminology in the Firearms Regulations in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Clause 1.89
This clause substitutes the word “recognisance” with “bond.”

Part 1.19 – Food Act 2001

This part alters the terminology in the Food Act 2001 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Clause 1.90
This clause substitutes terminology in the Food Act 2001 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.20 – Gambling and Racing Control Act 1999

Clause 1.91 – 1.92
This part alters the terminology and definitions in the Gambling and Racing Control Act 1999 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.21 – Juries Act 1967

Clauses 1.93 - 1.95
This part alters the terminology in the Juries Act 1967 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.22 – Land (Planning and Environment) Act 1991

Clause 1.96
This part alters the terminology in the Land (Planning and Environment) Act 1991 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.23 – Legislation Act 2001

Clauses 1.97 – 1.104 
This part alters the terminology and definitions in the Legislation Act 2001 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.24 – Magistrates Court Act 1930

Clauses 1.105 – 1.138
This part alters the terminology and definitions in the Magistrates Court Act 1930 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Part 1.25 – Mental Health (Treatment and Care) Act 1994

This part alters the definition of referring officer in the Mental Health (Treatment and Care) Act 1994 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.  

Clause 1.139
This clause inserts a reference to the Crimes (Sentence Administration) Act 2004 into the definition of referring officer in the Mental Health (Treatment and Care) 
Act 1994.  

Part 1.26 – Nature Conservation Act 1980

This part alters the terminology in the Nature Conservation Act 1980 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

The amendment in this part does not take into account the proposed renumbering required by the Environment Legislation Amendment Act 2—4, section 13.  

Clause 1.140
This clause removes a reference to the Crimes Act 1900.

Part 1.27 - Road Transport (Alcohol and Drugs) Act 1977

Clauses 1.141 – 1.143
This part alters the terminology in the Road Transport (Alcohol and Drugs) Act 1977 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.28 – Sale of Motor Vehicles Act 1977

This part alters the terminology in the Sale of Motor Vehicles Act 1977 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Clause 1.144
This clause removes a reference to the Crimes Act 1900.

Part 1.29 – Security Industry Regulations 2003

This part alters the definition of custodial officer in the Security Industry 
Regulations 2003 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004. 

Clause 1.145
This clause substitutes the definition of custodial officer in the Security Industry Regulations 2003 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.30 – Spent Convictions Act 2000

Clauses 1.146 – 1.150
This part alters the terminology in the Spent Convictions Act 2000 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.31 – Supreme Court Act 1933

Clauses 1.151 – 1.152
This part alters the terminology in the Supreme Court Act 1933 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.32 – Taxation Administration Act 1999

Clause 1.153 – 1.156
This part alters the terminology in the Taxation Administration Act 1999 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.33 – Victims of Crime (Financial Assistance) Act 1983

Clauses 1.157 – 1.166
This part alters the terminology in the Victims of Crime (Financial Assistance) 
Act 1983 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.  

Part 1.34 – Victims of Crime (Financial Assistance) Regulations 1998

Clauses 1.167 – 1.169
This part alters the terminology and definitions in the Victims of Crime (Financial Assistance) Regulations 1998 in accordance with the terminology and definitions in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Part 1.35 – Workers Compensation Act 1951

This part alters the terminology in the Workers Compensation Act 1951 in accordance with the terminology in the Crimes (Sentence Administration) Act 2004 and the Crimes (Sentencing) Act 2004.

Clause 1.169
This clause removes a reference to the Crimes Act 1900.