Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017 (Tas)

Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017

An Act to amend the Sentencing Act 1997 to remove the power of courts to make community service orders and probation orders, to include a power for courts to make home detention orders and community correction orders, to restrict the power of courts to suspend certain sentences of imprisonment, to amend the Interstate Transfer (Community-based Sentences) Act 2009 , and for related purposes [Royal Assent 20 December 2017]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017 .

2. Commencement (1) The provisions of this Act commence on a day or days to be proclaimed. (2) Despite subsection (1), sections 8, 10 and 19 may not be commenced except if – (a) a copy of a report in relation to a review under this section has been laid before both Houses of Parliament under subsection (8)(a); and (b) at least 10 sitting-days of each of the Houses of Parliament have expired since a notice of intention to commence sections 8, 10 and 19 was laid before both Houses of Parliament under subsection (8)(b); and (c) a motion to disallow the commencement of sections 8, 10 and 19 has not been passed by a House of Parliament under subsection (9). (3) The Minister may lay before each House of Parliament a draft of the terms of the review that has been prepared in consultation with the Sentencing Advisory Council. (4) A House of Parliament may pass a motion approving, or refusing to approve, a draft of the terms of the review that has been laid before the House of Parliament under subsection (3). (5) The Minister, by notice to the Sentencing Advisory Council, may request the Council to – (a) conduct a review, in accordance with the terms of the review contained in a draft of the terms of review that is approved by each House of Parliament under subsection (4); and (b) to provide a report in relation to the review by the day specified in the notice. (6) The Minister may only make a request under subsection (5) – (a) not less than 18 months after; and (b) not more than 2 years after – the day by which both section 14 and 15 of this Act have commenced. (7) The Sentencing Advisory Council is to provide to the Minister a report in relation to the review within the period specified, in accordance with subsection (5)(b), in the notice under subsection (5). (8) The Minister – (a) must, within 5 sitting-days after being provided with a report under subsection (7), lay a copy of the report before each House of Parliament; and (b) may, after or at the same time as a copy of a report is laid before a House of Parliament under paragraph (a), lay before that House of Parliament a notice of intention to commence sections 8, 10 and 19. (9) A House of Parliament may, within 10 sitting-days after a notice of intention to commence sections 8, 10 and 19 has been laid before the House of Parliament under subsection (8)(b), pass a motion disallowing the commencement of sections 8, 10 and 19.