Page 1353 - Week 05 - Thursday, 31 May 2007
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relevant to the transitional laws. Clause 507 also provides for transitional regulations, and the clause expires after two years. After that time, any further transitional amendments would need to be made by legislation. Consequently, clause 507 (4) is redundant and this amendment omits it.
Government amendment No 4 deals with proposed new section 75 (3) examples. Clause 117 provides a means for the Sentence Administration Board to grant an extended period of leave or refer a matter back to the sentencing court if a periodic detainee cannot serve periodic detention due to exceptional circumstances or serious health reasons. The amendment corrects the example in that clause. The example should refer to table 79 in the Crimes (Sentencing) Act 2005.
Government amendment No 5 deals with proposed new section 82A (2). Clause 118 enables a sentencing court to cancel periodic detention or to resentence an offender following a referral back to the sentencing court by the Sentence Administration Board. The original clause in the bill is incomplete, and this amendment completes the wording of proposed new section 82A (2).
Government amendment No 6 deals with proposed new amendment 1.18A. Schedule 1 part 1 (3) of the bill amends the Crimes (Sentence Administration) Act 2005. Proposed new amendment 1.18A to schedule 1 qualifies the definition of interim custody period in section 603 (1) of the Crimes (Sentence Administration) Act 2005. The amendment means that the interim custody period lasts until the commencement of chapter 3 of the foreshadowed Corrections Management Act, rather than the act as a whole, and this will allow certain parts of the foreshadowed act to be commenced ahead of other parts. The government envisages, for example, that schedule 1 itself will commence ahead of other parts of the foreshadowed act.
Finally, government amendment No 7 deals with amendment 1.20. Schedule 1 part 1. 3 of the bill amends the Crimes (Sentence Administration) Act 2003. Amendment 1.20 in the bill is an amendment to section 612 of the Crimes (Sentence Administration) Act 2005. Section 612 is part of chapter 17 of that act, which ensures that the ACT’s custodial laws will continue to operate in harmony with the Sentencing Act until the Corrections Management Bill 2006 is enacted. In order that the statute book should continue to make clear what arrangements apply during the period after 2 June 2006 and before the commencement of the foreshadowed Corrections Management Act, the amendment enables the transitional provisions to appear on the statute book for a conservative period of two years.
Finally, I take the opportunity to thank those officials of the ACT government, particularly the Department of Justice and Community Safety, who have worked for a significant period on developing this legislation. As members would see, this is an extremely complex piece of legislation that involves intersection with a wide range of other pieces of legislation, particularly those that deal with sentencing. I am very grateful for their work and their support over this period. I know that this has been a significant project for the department and this bill itself establishes a significant foundation for the operations of our first prison, one that I think will greatly benefit from the significant work that has occurred to date in establishing and creating this piece of legislation. I thank those involved for their work.
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