Corrections (Transitional) Regulations 1998

Corrections (Transitional) Regulations 1998

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Corrections Act 1997 .

2 November 1998

G. S. M. GREEN

Governor

By His Excellency's Command,

P. PATMORE

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Corrections (Transitional) Regulations 1998 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means Corrections Act 1997 ;

commencement day means the day on which the Act commenced;

contravention includes a failure to comply;

court means  –

(a) a children's court constituted under the Child Welfare Act 1960 ; or

(b) a court of summary jurisdiction within the meaning of the Justices Act 1959 that is hearing a charge against a juvenile;

former legislation means the Probation of Offenders Act 1973, including the regulations under that Act, as amended and in force immediately before the commencement day;

former sentencing order means a probation order or community service order that was made by a court before the commencement day, in reliance on the Probation of Offenders Act 1973;

juvenile means a person who has not attained the age of 17 years.

4.   Transitional arrangements

Notwithstanding section 91 or any other provision of the Act – 

(a) in sentencing a person for an offence committed as a juvenile a court may make any order that it would have authority to make; and

(b) any contravention of the order may be dealt with; and

(c) if the order is a community service order, it may be reviewed and subsequently discharged, revoked or varied; and

(d) if the order is a probation order –

(i) an application for a variation of the order may be made and heard, and the order may subsequently be varied or discharged; and

(ii) the order may be discharged or its operation may be suspended until the occurrence of a specified event where the person becomes subject to guardianship or liable to be detained under the Mental Health Act 1963  –

as if the Act had not been enacted and the former legislation were still in force.

5.   Former sentencing orders

Notwithstanding section 91 or any other provision of the Act –

(a) a person in respect of whom a former sentencing order was in force immediately before the commencement day continues to be subject to that order; and

(b) any contravention of the order may be dealt with; and

(c) if the order is a community service order, it may be reviewed and subsequently discharged, revoked or varied; and

(d) if the order is a probation order –

(i) an application for a variation of the order may be made and heard, and the order may subsequently be varied or discharged; and

(ii) the order may be discharged or its operation may be suspended until the occurrence of a specified event where the person becomes subject to guardianship or liable to be detained under the Mental Health Act 1963  –

as if the Act had not been enacted and the former legislation were still in force.

6.   Expiry of regulations

These regulations expire on the day on which the Youth Justice Act 1997 commences.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 11 November 1998

These regulations are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations preserve certain sentencing and associated powers in relation to juvenile offenders pending the commencement of the Youth Justice Act 1997 .