Corrections Amendment Act 2023

Corrections Amendment Act 2023

An Act to amend the Corrections Act 1997

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:

1.   Short title

This Act may be cited as the Corrections Amendment Act 2023 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Principal Act

In this Act, the Corrections Act 1997 is referred to as the Principal Act.

4.    Section 71 amended (Prisoner subject to more than one non-parole period or other minimum term)

Section 71 of the Principal Act is amended as follows:

(a) by omitting the definition of designated sentence from subsection (1) and substituting the following definition:

designated sentence – see subsection (1A) ;

(b) by inserting the following subsection after subsection (1) :

(1A)  For the purposes of this section, a sentence imposed on a person is a designated sentence if, subject to subsection (6) , the sentence is a sentence of imprisonment –

(a) to which a non-parole period is applicable; or

(b) to which an order under section 17(2)(a) of the Sentencing Act 1997 is applicable; or

(c) in respect of which the person is ineligible for parole by operation of section 17(3A) of the Sentencing Act 1997 .

(c) by inserting the following subsections after subsection (5) :

(6)  If a person becomes eligible for release on parole under this Act while the person is subject to a designated sentence –

(a) each designated sentence to which the person is subject ceases to be a designated sentence, for the purposes of this section, if –

(i) the person is subject to the designated sentence on the date on which the person becomes so eligible for release (the relevant date); and

(ii) the person has completed the minimum term for that designated sentence; and

(b) a minimum term for a sentence referred to in paragraph (a) is not to be taken into account, under this section, in respect of a sentence that is imposed on the person on or after the relevant date.

(7)  For the avoidance of doubt, subsection (6)  –

(a) may apply in respect of a person on one or more occasions; and

(b) applies to a designated sentence imposed on a person before the day on which the Corrections Amendment Act 2023 commences (the commencement day) if –

(i) the person –

(A) is eligible for release on parole in respect of the sentence before the commencement day; and

(B) is on parole, or remains eligible for parole, in respect of the sentence on the commencement day; or

(ii) the person becomes eligible for release on parole in respect of the sentence on or after the commencement day.

(8)  If –

(a) a sentence (the previous sentence) imposed on a person ceases to be a designated sentence by virtue of subsection (6) ; and

(b) a designated sentence (the new designated sentence) is imposed on the person while the person is still subject to the previous sentence; and

(c) at the time at which the new designated sentence is imposed on the person, the person is not subject to any other designated sentences –

the minimum term for the new designated sentence is taken to commence –

(d) on the day on which the new designated sentence is imposed on the person; or

(e) on such other day as may be specified, in respect of the minimum term, by the court imposing the new designated sentence.

5.   Repeal of Act

This Act is repealed on the first anniversary of the day on which it commenced.

[Second reading presentation speech made in:

House of Assembly on 11 MAY 2023

Legislative Council on 1 JUNE 2023]