Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 1 April 2011 of the
Sentence Administration Act 2003 and includes the amendments made by
the other written laws referred to in the following
table 1M, 5. The table also contains information about any
reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
49 of 2003 |
9 Jul 2003 |
s. 1 and 2: 9 Jul 2003; |
|
|
Criminal Code Amendment Act 2004
s. 5 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
Sentencing Legislation Amendment Act 2004
Pt. 2 Div. 2 |
27 of 2004 |
14 Oct 2004 |
31 May 2006 (see s. 2 and Gazette
30 May 2006 p. 1965) |
|
Workers’ Compensation Reform Act 2004
s. 174 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7131) |
|
Parole and Sentencing Legislation Amendment Act 2006
Pt. 2 6 |
41 of 2006 |
22 Sep 2006 |
28 Jan 2007 (see s. 2 and Gazette
29 Dec 2006 p. 5867) |
|
Prisons and Sentencing Legislation Amendment
Act 2006 Pt. 3 |
65 of 2006 |
8 Dec 2006 |
4 Apr 2007 (see s. 2 and Gazette
3 Apr 2007 p. 1491) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 6 and Sch. 1 cl. 155 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 1: The Sentence Administration
Act 2003 as at 20 Jul 2007 (includes amendments listed
above) |
|||
|
Fines Legislation Amendment Act 2008 Pt.
4 |
3 of 2008 |
12 Mar 2008 |
28 Mar 2008 (see s. 2(c) and Gazette
27 Mar 2008 p. 899) |
|
Criminal Law Amendment (Homicide) Act 2008
s. 39 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette
22 Jul 2008 p. 3353) |
|
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
|
Reprint 2: The Sentence Administration
Act 2003 as at 1 Apr 2011 (includes amendments listed
above) |
|||
1M Under the Cross-border Justice Act 2008 section 14, in
order to give effect to that Act, this Act must be applied with the
modifications prescribed by the Cross-border Justice Regulations 2009
Part 3 Division 20 as if this Act had been altered in that way. If a
modification is to replace or insert a numbered provision, the new provision is
identified by the superscript 1M appearing after the provision number. If a
modification is to replace or insert a definition, the new definition is
identified by the superscript 1M appearing after the defined
term.
2 The Sentencing Legislation Amendment and Repeal Act
2003 Pt. 2 Div. 4 commenced 31 Aug 2003 (see
Gazette 29 Aug 2003 p. 3833).
3 Repealed by the Sentencing Legislation Amendment and Repeal
Act 2003.
4 Section 60 of the Censorship Act 1996, which is
now known as the Classification (Publications, Films and Computer Games)
Enforcement Act 1996, was deleted by the Child Pornography and
Exploitation Material and Classification Legislation Amendment Act 2010
s. 9.
5 The Sentencing Legislation Amendment and Repeal Act
2003 Pt. 6 requires a review of certain provisions. It was deleted by
the Parole and Sentencing Legislation Amendment Act 2006 (No. 41 of 2006)
s. 94 (commenced on 28 Jan 2007, see s. 2 and Gazette 29 Dec
2006 p. 5867).
6 The Parole and Sentencing Legislation Amendment
Act 2006 Pt. 7 reads as follows:
Part 7 — Transitional
provisions
98. Arrangements
for CEO parole orders
(1) In this section —
amended provisions means the Sentence Administration
Act 2003 Part 3 Divisions 4 and 7 to 10 as amended by
this Act;
commencement means the coming into operation of
section 20;
former provisions means the Sentence Administration
Act 2003 Part 3 Division 4 as enacted before being amended by
this Act;
prescribed period means the period ending 2 months
after the day of the commencement,
and other terms used have the same meanings as they have in the amended
provisions.
(2) If immediately before the commencement a person is subject to a parole
order made by the CEO under the former provisions, then on and after the
commencement the amended provisions apply to and in respect of that person and
that parole order as if the parole order had been made by the Board.
(3) Despite anything in the amended provisions, during the prescribed
period the CEO may exercise —
(a) the power conferred on the Board by section 23 of the amended
provisions; and
(b) the powers conferred on the Board by the amended provisions in
relation to a parole order made under section 23 of the former provisions
or section 23 of the amended provisions.
(4) A power exercised under subsection (3) is to be regarded as
having been exercised by the Board.
(1) In this section —
amended provisions means the Sentence Administration
Act 2003 Part 4 as amended by this Act;
commencement means the coming into operation of
section 41;
former provisions means the Sentence Administration
Act 2003 Part 4 as enacted before being amended by
this Act,
and other terms used have the same meanings as they have in the amended
provisions.
(2) If immediately before the commencement a person is subject to an RRO
made under the former provisions, then on and after the commencement the former
provisions continue to apply to and in respect of that person and that
order.
(3) Despite section 50 of the amended provisions, a prisoner serving
a parole term imposed before the commencement may apply under the amended
provisions to be released under an RRO.
(4) An application mentioned in subsection (3) is to be dealt with in
accordance with the amended provisions but, if the RRO is
made —
(a) sections 54(3)(b) and 60 of the former provisions apply in
respect of it and the making of it; and
(b) section 54(3)(b) of the amended provisions does not apply in
respect of it.
100. Arrangements
for members of existing Parole Board
(1) In this section —
commencement means the coming into operation of
section 57;
Parole Board means the Board as established under
section 103 as enacted before the commencement;
Prisoners Review Board means the Board to be established
under section 103 as it is set out in section 57;
section 103 means the Sentence Administration
Act 2003 section 103.
(2) The person holding office as the judicial member of the Parole Board
immediately before the commencement is to hold office as the chairperson of the
Prisoners Review Board for the remainder of the period for which the person was
appointed as the judicial member.
(3) Immediately before the commencement the office of any person, other
than the judicial member, who is then a member of, acting member of, or deputy
of a member of, the Parole Board becomes vacant.
(4) Subsection (3) does not prevent a person mentioned in that
subsection from being nominated, being appointed, or holding office, as a member
of the Prisoners Review Board.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
authorised
person 108(1)
Board 4(2)
CCO 4(3)
centre 75,
83
CEO 4(2)
community corrections activities 4(2)
community corrections
centre 4(2)
community corrections officer 4(2)
community corrections
order 75, 83
community order 4(2)
conditional suspended
imprisonment 4(2)
contractor 97B(1)
CSI 4(3)
departmental
staff 4(2)
early release order 4(2)
fixed term 7(1)
Governor’s
pleasure detainee 4(2)
honorary CCO 4(2)
member Sch. 1 cl. 1
minimum
hours requirement 78(1)
Minister 11(3), 12(6)
monitoring
equipment 118(1)
non-parole period 7(1)
notice 84(3)
offender 76(1),
78(1), 83
parole order 4(2)
parole order (unsupervised) 4(2)
prescribed
prisoner 23(1)
prisoner 4(2), 11A(1), 12A(1), 13(1), 14(1), 19
prisoner
management report 11A(2)
public authority 97B(1)
re-entry release
order 4(2)
release 4(2)
release considerations 4(2), 5A
relevant
information 97B(1)
research 97B(1)
re-socialisation
programme 4(2)
reviewable
decision 115A(1)
RRO 4(3)
sentence 4(2)
serious offence 4(2)
service
provider 97B(1)
T 69(6)(a)
victim 4(2), 97D(1)
victim’s
submission 4(2), 5C(1)
WDO 4(3)
work and development
order 4(2)