Crimes (Sentencing Procedure) Regulation 2024 (2024-379) (NSW)

Crimes (Sentencing Procedure) Regulation 2024

Part 1 Preliminary

1 Name of regulation This regulation is the Crimes (Sentencing Procedure) Regulation 2024.

2 Commencement This regulation commences on 1 September 2024.

Note— This regulation replaces the Crimes (Sentencing Procedure) Regulation 2017, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions (1) In this regulation— forensic patient, for Part 2, Division 4—see section 14. the Act means the Crimes (Sentencing Procedure) Act 1999. Tribunal, for Part 2, Division 4—see section 14.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation. (2) A reference in this regulation to a community corrections officer is, if the offender to whom the reference relates is subject to supervision by a juvenile justice officer, taken to be a reference to a juvenile justice officer within the meaning of the Children (Detention Centres) Act 1987.

Note— Juvenile justice officers are referred to in— (a) the Act, sections 17B, 55, 56, 58, 89–91 and 99–100, and (b) the Crimes (Administration of Sentences) Act 1999, sections 107E and 108E.

Part 2 Sentencing procedures generally

Division 1 General

4 Lists of additional charges For the Act, section 32(4)(c), the following persons and classes of persons are prescribed— (a) police officers, (b) persons employed in the Transport Service in a role designated by the Secretary of the Department of Transport as a senior legal role, (c) the Commissioner for Fair Trading, Department of Customer Service or, if there is no person employed as Commissioner for Fair Trading, the Secretary of the Department of Customer Service, (d) the Point to Point Transport Commissioner appointed under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016, (e) the General Counsel of the Ministry of Health, (f) the Chief Health Officer of the Ministry of Health, (g) the Secretary of the Ministry of Health, (h) the Secretary of the Department of Climate Change, Energy, the Environment and Water, (i) the Secretary of the Department of Creative Industries, Tourism, Hospitality and Sport, (j) the Secretary of the Department of Planning, Housing and Infrastructure, (k) the Secretary of the Department of Primary Industries and Regional Development, (l) the Chief Executive Officer of the Environment Protection Authority, (m) the Chief Executive Officer of the Food Authority, (n) the Deputy Secretary, Hospitality and Racing, within the Department of Creative Industries, Tourism, Hospitality and Sport, (o) persons employed in the Department of Education in a role designated by the Secretary of the Department of Education as a senior legal role, (p) persons employed in the Department of Climate Change, Energy, the Environment and Water— (i) in whose name prosecution proceedings are instituted, or (ii) in a role designated by the Secretary of the Department of Climate Change, Energy, the Environment and Water as a senior legal role, (q) persons employed in the Department of Creative Industries, Tourism, Hospitality and Sport— (i) in whose name prosecution proceedings are instituted, or (ii) in a role designated by the Secretary of the Department of Creative Industries, Tourism, Hospitality and Sport as a senior legal role, (r) persons employed in the Department of Planning, Housing and Infrastructure— (i) in whose name prosecution proceedings are instituted, or (ii) in a role designated by the Secretary of the Department of Planning, Housing and Infrastructure as a senior legal role, (s) persons employed in the Department of Customer Service in a role designated by the Secretary of the Department of Customer Service as a senior legal role, (t) persons employed in the Department of Primary Industries and Regional Development— (i) in whose name prosecution proceedings are instituted, or (ii) in a role designated by the Secretary of the Department of Primary Industries and Regional Development as a senior legal role, (u) persons who— (i) under the Prevention of Cruelty to Animals Act 1979, are appointed officers employed by an approved charitable organisation, and (ii) are designated by the chief executive of the approved charitable organisation.