{"id":"tas:act-2017-051","name":"Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017","slug":"sentencing-amendment-phasing-out-of-suspended-sentences-act-2017","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"51 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176805,"registerId":"tas-tas:act-2017-051-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017](/view/html/inforce/2026-04-12/act-2017-051) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  The provisions of this Act commence on a day or days to be proclaimed.\n> \n> > (2)  Despite subsection (1), sections 8, 10 and 19 may not be commenced except if –\n> > \n> > > > (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\n> > > \n> > > > (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\n> > > \n> > > > (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).\n> \n> > (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.\n> \n> > (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).\n> \n> > (5)  The Minister, by notice to the Sentencing Advisory Council, may request the Council to –\n> > \n> > > > (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\n> > > \n> > > > (b) to provide a report in relation to the review by the day specified in the notice.\n> \n> > (6)  The Minister may only make a request under subsection (5) –\n> > \n> > > > (a) not less than 18 months after; and\n> > > \n> > > > (b) not more than 2 years after –\n> > \n> > the day by which both section 14 and 15 of this Act have commenced.\n> \n> > (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).\n> \n> > (8)  The Minister –\n> > \n> > > > (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\n> > > \n> > > > (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.\n> \n> > (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.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Sentencing Act 1997 Amended","content":"# Part 2 Sentencing Act 1997 Amended","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Principal Act","content":"### 3 Principal Act\n\n> In this Part, the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) is referred to as the Principal Act.\n\n*\n\n**4.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n**\n\n**5.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n**\n\n**6.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n**\n\n**7.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n*\n\n\\[Uncommenced\n\n*\n\n**8.**    **[Section 23A](/view/html/inforce/2026-04-12/act-1997-059#GS23A@EN) inserted**\n\n> Before [section 24 of the Principal Act](/view/html/inforce/2026-04-12/act-1997-059#GS24@EN) , the following section is inserted in Division 4:\n> \n> > **23A.**   **Limitations on ability to suspend sentences**\n> > \n> > > A court must not, except in exceptional circumstances, make an order suspending the whole or part of a sentence of imprisonment if the sentence of imprisonment is imposed in relation to –\n> > > \n> > > > > (a) an offence, or an attempt to commit an offence, against a provision, specified in Column 2 of Part 1 of Schedule 3, of an Act, or of the Criminal Code, as specified in Column 3 of Part 1 of Schedule 3; or\n> > > > \n> > > > > (b) an offence, or an attempt to commit an offence, that is an offence –\n> > > > > \n> > > > > > > (i) against a provision, of the [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) , specified in Column 2 of Part 2 of Schedule 3; and\n> > > > > > \n> > > > > > > (ii) that relates to a trafficable quantity, within the meaning of, and as determined under, that Act, of a controlled substance, within the meaning of that Act.\n\n*\n\n\\]","sortOrder":4},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":5},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":6},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":7},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Section 23A  inserted","content":"### 8 Section 23A  inserted\n\n> Before [section 24 of the Principal Act](/view/html/inforce/2026-04-12/act-1997-059#GS24@EN) , the following section is inserted in Division 4:\n> \n> > **23A.**   **Limitations on ability to suspend sentences**\n> > \n> > > A court must not, except in exceptional circumstances, make an order suspending the whole or part of a sentence of imprisonment if the sentence of imprisonment is imposed in relation to –\n> > > \n> > > > > (a) an offence, or an attempt to commit an offence, against a provision, specified in Column 2 of Part 1 of Schedule 3, of an Act, or of the Criminal Code, as specified in Column 3 of Part 1 of Schedule 3; or\n> > > > \n> > > > > (b) an offence, or an attempt to commit an offence, that is an offence –\n> > > > > \n> > > > > > > (i) against a provision, of the [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) , specified in Column 2 of Part 2 of Schedule 3; and\n> > > > > > \n> > > > > > > (ii) that relates to a trafficable quantity, within the meaning of, and as determined under, that Act, of a controlled substance, within the meaning of that Act.","sortOrder":9},{"sectionNumber":"23A","sectionType":"section","heading":"Limitations on ability to suspend sentences","content":"### 23A Limitations on ability to suspend sentences\n\n> A court must not, except in exceptional circumstances, make an order suspending the whole or part of a sentence of imprisonment if the sentence of imprisonment is imposed in relation to –\n> \n> > > (a) an offence, or an attempt to commit an offence, against a provision, specified in Column 2 of Part 1 of Schedule 3, of an Act, or of the Criminal Code, as specified in Column 3 of Part 1 of Schedule 3; or\n> > \n> > > (b) an offence, or an attempt to commit an offence, that is an offence –\n> > > \n> > > > > (i) against a provision, of the [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) , specified in Column 2 of Part 2 of Schedule 3; and\n> > > > \n> > > > > (ii) that relates to a trafficable quantity, within the meaning of, and as determined under, that Act, of a controlled substance, within the meaning of that Act.","sortOrder":10},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n> *The amendments effected by this section have been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .*\n\n\\[Uncommenced\n\n*\n\n**10.**    **[Section 27](/view/html/inforce/2026-04-12/act-1997-059#GS27@EN) amended (Breach of order suspending sentence)**\n\n> [Section 27 of the Principal Act](/view/html/inforce/2026-04-12/act-1997-059#GS27@EN) is amended as follows:\n> \n> > > (a) by omitting from [subsection (4C)(c)](/view/html/inforce/2026-04-12/act-1997-059#GS27@Gs4C@Hpc@EN) \"by order\" and substituting \"if there are exceptional circumstances, by order\";\n> > \n> > > (b) by omitting from [subsection (4C)(d)](/view/html/inforce/2026-04-12/act-1997-059#GS27@Gs4C@Hpd@EN) \"make\" and substituting \"if there are exceptional circumstances, make\";\n> > \n> > > (c) by omitting from [subsection (4E)(c)](/view/html/inforce/2026-04-12/act-1997-059#GS27@Gs4E@Hpc@EN) \"by order\" and substituting \"if there are exceptional circumstances, by order\";\n> > \n> > > (d) by omitting from [subsection (4E)(d)](/view/html/inforce/2026-04-12/act-1997-059#GS27@Gs4E@Hpd@EN) \"make\" and substituting \"if there are exceptional circumstances, make\";\n> > \n> > > (e) by inserting the following subsection after [subsection (5)](/view/html/inforce/2026-04-12/act-1997-059#GS27@Gs5@EN) :\n> > > \n> > > > > (5A)  Unless there are exceptional circumstances, a substituted sentence imposed under this section may not include an order suspending all or part of a sentence of imprisonment.\n\n*\n\n\\]","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Section 27  amended (Breach of order suspending sentence)","content":"### 10 Section 27  amended (Breach of order suspending sentence)\n\n> [Section 27 of the Principal Act](/view/html/inforce/2026-04-12/act-1997-059#GS27@EN) is amended as follows:\n> \n> > > (a) by omitting from [subsection (4C)(c)](/view/html/inforce/2026-04-12/act-1997-059#GS27@Gs4C@Hpc@EN) \"by order\" and substituting \"if there are exceptional circumstances, by order\";\n> > \n> > > (b) by omitting from [subsection (4C)(d)](/view/html/inforce/2026-04-12/act-1997-059#GS27@Gs4C@Hpd@EN) \"make\" and substituting \"if there are exceptional circumstances, make\";\n> > \n> > > (c) by omitting from [subsection (4E)(c)](/view/html/inforce/2026-04-12/act-1997-059#GS27@Gs4E@Hpc@EN) \"by order\" and substituting \"if there are exceptional circumstances, by order\";\n> > \n> > > (d) by omitting from [subsection (4E)(d)](/view/html/inforce/2026-04-12/act-1997-059#GS27@Gs4E@Hpd@EN) \"make\" and substituting \"if there are exceptional circumstances, make\";\n> > \n> > > (e) by inserting the following subsection after [subsection (5)](/view/html/inforce/2026-04-12/act-1997-059#GS27@Gs5@EN) :\n> > > \n> > > > > (5A)  Unless there are exceptional circumstances, a substituted sentence imposed under this section may not include an order suspending all or part of a sentence of imprisonment.","sortOrder":12},{"sectionNumber":"11.","sectionType":"section","heading":null,"content":"### 11.\n\n> *The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .*\n\n*\n\n**12.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n**\n\n**13.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n**\n\n**14.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n**\n\n**15.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n**\n\n**16.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n**\n\n**17.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n**\n\n**18.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n\n*\n\n\\[Uncommenced\n\n*\n\n**19.**    **[Schedule 3](/view/html/inforce/2026-04-12/act-1997-059#JS3@EN) inserted**\n\n> After [Schedule 2 to the Principal Act](/view/html/inforce/2026-04-12/act-1997-059#JS2@EN) , the following Schedule is inserted:\n> \n> > > **SCHEDULE 3 - Non-suspension of sentence offences**\n> > \n> > [Section 23A](#GS23A@EN)\n> > \n> > > **PART 1 - Offences generally**\n> > \n> > | Column 1 - Description of offence | Column 2 – Section | Column 3 – Act |\n> > | Sexual intercourse with a young person under the age of 17 years | Section 124 (1) | Criminal Code Act 1924 |\n> > | Maintaining a sexual relationship with a young person under the age of 17 years | Section 125A (2) | Criminal Code Act 1924 |\n> > | Procuring unlawful sexual intercourse with young person | Section 125C(2) | Criminal Code Act 1924 |\n> > | Sexual intercourse with a person with a mental impairment | Section 126 (1) | Criminal Code Act 1924 |\n> > | Aggravated sexual assault | Section 127A (1) | Criminal Code Act 1924 |\n> > | Involving a person under the age of 18 years in the production of child exploitation material | Section 130 | Criminal Code Act 1924 |\n> > | Producing child exploitation material | Section 130A | Criminal Code Act 1924 |\n> > | Distributing child exploitation material | Section 130B (1) | Criminal Code Act 1924 |\n> > | Incest | Section 133 (1) | Criminal Code Act 1924 |\n> > | Murder | Section 158 | Criminal Code Act 1924 |\n> > | Manslaughter | Section 159 (2) | Criminal Code Act 1924 |\n> > | Being accessory after the fact to murder | Section 161 | Criminal Code Act 1924 |\n> > | Committing an unlawful act intended to cause grievous bodily harm | Section 170 (1) | Criminal Code Act 1924 |\n> > | Wounding [or causing grievous bodily harm] | Section 172 | Criminal Code Act 1924 |\n> > | Performing female genital mutilation | Section 178A (1) | Criminal Code Act 1924 |\n> > | Setting a spring-gun [or man-trap] [or allowing a spring-gun (or man-trap) to remain set] | Section 179 (1) | Criminal Code Act 1924 |\n> > | Rape | Section 185 (1) | Criminal Code Act 1924 |\n> > | Forcible abduction | Section 186 (1) | Criminal Code Act 1924 |\n> > | Abduction | Section 186 (2) | Criminal Code Act 1924 |\n> > | Abduction of a child | Section 191(1) | Criminal Code Act 1924 |\n> > | Kidnapping | Section 191A | Criminal Code Act 1924 |\n> > | Armed robbery | Section 240(3) | Criminal Code Act 1924 |\n> > | Aggravated armed robbery | Section 240(4) | Criminal Code Act 1924 |\n> > | Arson | Section 268 | Criminal Code Act 1924 |\n> > | Procuring or otherwise causing or permitting a child to provide sexual services in a sexual services business | Section 9(1) | Sex Industry Offences Act 2005 |\n> > | Receiving a fee or reward that a person knows &c. is derived, directly or indirectly, from sexual services provided by a child in a sexual services business | Section 9(2) | Sex Industry Offences Act 2005 |\n> > \n> > > **PART 2 - Drug Offences where trafficable quantity**\n> > \n> > | Column 1 – Description of Offence | Column 2 – Section | Column 3 – Act |\n> > | Manufacturing controlled drug for sale | Section 6(1) | Misuse of Drugs Act 2001 |\n> > | Cultivating controlled plant for sale | Section 7(1) | Misuse of Drugs Act 2001 |\n> > | Possessing thing intended for use in manufacture of controlled substance for sale | Section 8 | Misuse of Drugs Act 2001 |\n> > | Possessing thing intended for use in cultivation of controlled plant for sale | Section 9 | Misuse of Drugs Act 2001 |\n> > | Manufacturing controlled precursor intended for use in manufacture of controlled drug for sale | Section 10(1) or (2) | Misuse of Drugs Act 2001 |\n> > | Selling controlled precursor for use in manufacturing controlled drug | Section 11 | Misuse of Drugs Act 2001 |\n> > | Trafficking in controlled substance | Section 12(1) | Misuse of Drugs Act 2001 |\n> > | Procuring child to traffic in controlled substance | Section 13(1) | Misuse of Drugs Act 2001 |\n> > | Supplying controlled drug to child | Section 14 | Misuse of Drugs Act 2001 |\n> > | Concealing, &c., property derived from drug offence | Section 16 | Misuse of Drugs Act 2001 |\n> > | Receiving property directly received from drug offence | Section 17(1) | Misuse of Drugs Act 2001 |\n\n*\n\n\\]","sortOrder":13},{"sectionNumber":"12.","sectionType":"section","heading":null,"content":"### 12.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":14},{"sectionNumber":"13.","sectionType":"section","heading":null,"content":"### 13.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":15},{"sectionNumber":"14.","sectionType":"section","heading":null,"content":"### 14.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":16},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":17},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":18},{"sectionNumber":"17.","sectionType":"section","heading":null,"content":"### 17.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":19},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Schedule 3  inserted","content":"### 19 Schedule 3  inserted\n\n> After [Schedule 2 to the Principal Act](/view/html/inforce/2026-04-12/act-1997-059#JS2@EN) , the following Schedule is inserted:\n> \n> > > **SCHEDULE 3 - Non-suspension of sentence offences**\n> > \n> > [Section 23A](#GS23A@EN)\n> > \n> > > **PART 1 - Offences generally**\n> > \n> > | Column 1 - Description of offence | Column 2 – Section | Column 3 – Act |\n> > | Sexual intercourse with a young person under the age of 17 years | Section 124 (1) | Criminal Code Act 1924 |\n> > | Maintaining a sexual relationship with a young person under the age of 17 years | Section 125A (2) | Criminal Code Act 1924 |\n> > | Procuring unlawful sexual intercourse with young person | Section 125C(2) | Criminal Code Act 1924 |\n> > | Sexual intercourse with a person with a mental impairment | Section 126 (1) | Criminal Code Act 1924 |\n> > | Aggravated sexual assault | Section 127A (1) | Criminal Code Act 1924 |\n> > | Involving a person under the age of 18 years in the production of child exploitation material | Section 130 | Criminal Code Act 1924 |\n> > | Producing child exploitation material | Section 130A | Criminal Code Act 1924 |\n> > | Distributing child exploitation material | Section 130B (1) | Criminal Code Act 1924 |\n> > | Incest | Section 133 (1) | Criminal Code Act 1924 |\n> > | Murder | Section 158 | Criminal Code Act 1924 |\n> > | Manslaughter | Section 159 (2) | Criminal Code Act 1924 |\n> > | Being accessory after the fact to murder | Section 161 | Criminal Code Act 1924 |\n> > | Committing an unlawful act intended to cause grievous bodily harm | Section 170 (1) | Criminal Code Act 1924 |\n> > | Wounding [or causing grievous bodily harm] | Section 172 | Criminal Code Act 1924 |\n> > | Performing female genital mutilation | Section 178A (1) | Criminal Code Act 1924 |\n> > | Setting a spring-gun [or man-trap] [or allowing a spring-gun (or man-trap) to remain set] | Section 179 (1) | Criminal Code Act 1924 |\n> > | Rape | Section 185 (1) | Criminal Code Act 1924 |\n> > | Forcible abduction | Section 186 (1) | Criminal Code Act 1924 |\n> > | Abduction | Section 186 (2) | Criminal Code Act 1924 |\n> > | Abduction of a child | Section 191(1) | Criminal Code Act 1924 |\n> > | Kidnapping | Section 191A | Criminal Code Act 1924 |\n> > | Armed robbery | Section 240(3) | Criminal Code Act 1924 |\n> > | Aggravated armed robbery | Section 240(4) | Criminal Code Act 1924 |\n> > | Arson | Section 268 | Criminal Code Act 1924 |\n> > | Procuring or otherwise causing or permitting a child to provide sexual services in a sexual services business | Section 9(1) | Sex Industry Offences Act 2005 |\n> > | Receiving a fee or reward that a person knows &c. is derived, directly or indirectly, from sexual services provided by a child in a sexual services business | Section 9(2) | Sex Industry Offences Act 2005 |\n> > \n> > > **PART 2 - Drug Offences where trafficable quantity**\n> > \n> > | Column 1 – Description of Offence | Column 2 – Section | Column 3 – Act |\n> > | Manufacturing controlled drug for sale | Section 6(1) | Misuse of Drugs Act 2001 |\n> > | Cultivating controlled plant for sale | Section 7(1) | Misuse of Drugs Act 2001 |\n> > | Possessing thing intended for use in manufacture of controlled substance for sale | Section 8 | Misuse of Drugs Act 2001 |\n> > | Possessing thing intended for use in cultivation of controlled plant for sale | Section 9 | Misuse of Drugs Act 2001 |\n> > | Manufacturing controlled precursor intended for use in manufacture of controlled drug for sale | Section 10(1) or (2) | Misuse of Drugs Act 2001 |\n> > | Selling controlled precursor for use in manufacturing controlled drug | Section 11 | Misuse of Drugs Act 2001 |\n> > | Trafficking in controlled substance | Section 12(1) | Misuse of Drugs Act 2001 |\n> > | Procuring child to traffic in controlled substance | Section 13(1) | Misuse of Drugs Act 2001 |\n> > | Supplying controlled drug to child | Section 14 | Misuse of Drugs Act 2001 |\n> > | Concealing, &c., property derived from drug offence | Section 16 | Misuse of Drugs Act 2001 |\n> > | Receiving property directly received from drug offence | Section 17(1) | Misuse of Drugs Act 2001 |","sortOrder":21},{"sectionNumber":"SCHEDULE 3 - Non-suspension of","sectionType":"part","heading":"SCHEDULE 3 - Non-suspension of sentence offences","content":"# SCHEDULE 3 - Non-suspension of SCHEDULE 3 - Non-suspension of sentence offences\n\n[Section 23A](#GS23A@EN)","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Interstate Transfer (Community-based Sentences) Act 2009 Amended","content":"# Part 3 Interstate Transfer (Community-based Sentences) Act 2009 Amended\n\n*\n\n**20.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .\n\n**\n\n**21.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .\n\n**\n\n**22.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .\n\n**\n\n**23.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .\n\n**\n\n**24.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .\n\n*","sortOrder":25},{"sectionNumber":"20.","sectionType":"section","heading":null,"content":"### 20.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .","sortOrder":26},{"sectionNumber":"21.","sectionType":"section","heading":null,"content":"### 21.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .","sortOrder":27},{"sectionNumber":"22.","sectionType":"section","heading":null,"content":"### 22.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .","sortOrder":28},{"sectionNumber":"23.","sectionType":"section","heading":null,"content":"### 23.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .","sortOrder":29},{"sectionNumber":"24.","sectionType":"section","heading":null,"content":"### 24.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Interstate Transfer (Community-based Sentences) Act 2009](/view/html/inforce/2026-04-12/act-2009-017) .","sortOrder":30},{"sectionNumber":"Part 4","sectionType":"part","heading":"Concluding Provision","content":"# Part 4 Concluding Provision","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Repeal of Act","content":"### 25 Repeal of Act\n\n> This Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.","sortOrder":32}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The law does exactly what its title says — it phases out suspended sentences in Tasmania. There is no evident scope creep; the amendment is narrow and targeted, focused solely on removing this one sentencing option from the courts' toolkit over a defined transition period."},"complexity_factors":["Transitional provisions required to manage the phase-out period rather than immediate abolition","Interaction with existing sentencing framework and other available sentencing options","Implications for offenders who may have existing suspended sentences at the time of commencement","Judges must adapt discretionary sentencing practices within a changed legislative landscape","Relatively narrow subject matter keeps overall complexity moderate"],"plain_english_summary":"Tasmania has phased out suspended sentences — court orders that delayed or cancelled prison terms if offenders stayed out of trouble. \n\nThe change affects people convicted in Tasmania, judges and lawyers, and shifts sentencing toward other non‑custodial options or, for serious offences, actual imprisonment, with the phase‑out implemented gradually to allow adjustment."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's text aligns with its title: it narrows courts' ability to suspend imprisonment for specified offences (Schedule 3), tightens breach/replacement rules, conditions commencement on a review being tabled, and provides for repeal after full commencement. Nothing in the enacted text expands scope beyond those core functions."},"complexity_factors":["Conditional commencement with parliamentary laying, review by the Sentencing Advisory Council and disallowance window (s 2(2)–(9))","Introduction of an 'except in exceptional circumstances' standard that is legally indeterminate and shifts judicial discretion (s 23A; amendments to s 27)","Large Schedule 3 listing many offences across multiple Acts and the Criminal Code, requiring cross‑referencing to other statutes","Amendments to breach and substituted sentence rules (s 27 amendments, new subsection (5A)) affecting sentencing practice on breach","Interaction with Misuse of Drugs Act trafficable‑quantity determinations for drug offences in Schedule 3 Part 2","Several provisions are uncommenced and many amendments are 'incorporated into the authorised version', creating transitional/drafting complexity","Built‑in sunset: automatic repeal 365 days after full commencement (s 25) which affects long‑term legal planning and implementation"],"plain_english_summary":"**Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017** restricts when courts can suspend whole or part of a prison sentence for a listed set of serious sexual, violent and large‑scale drug offences (Schedule 3) by requiring an \"exceptional circumstances\" justification. It also tightens rules about replacing suspended sentences after breach, conditions commencement of some provisions on a Sentencing Advisory Council review being tabled, and includes a 365‑day repeal after full commencement. The law mainly affects courts, sentenced offenders and correctional services by increasing the chance of immediate imprisonment for listed offences."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of phasing out suspended sentences for serious offences. While it includes procedural safeguards (review requirements, parliamentary oversight) and consequential amendments to related legislation (Interstate Transfer Act), these are ancillary to the core sentencing reform rather than scope creep."},"complexity_factors":["Multi-stage commencement mechanism with parliamentary disallowance procedure (subsections 2(2)-2(9))","Conditional commencement tied to external review body (Sentencing Advisory Council) with specific timing windows (18-24 months after sections 14-15 commence)","Cross-references to multiple external Acts: Sentencing Act 1997, Criminal Code Act 1924, Misuse of Drugs Act 2001, Sex Industry Offences Act 2005, and Interstate Transfer (Community-based Sentences) Act 2009","Incorporation by reference of detailed tabular schedules listing specific offence provisions across multiple statutes","Nested conditional language: \"except in exceptional circumstances\" creates exception to general prohibition","Technical drug quantity terminology requiring reference to external statute (\"trafficable quantity\" as defined in Misuse of Drugs Act 2001)","Self-repealing provision (section 25) triggered by contingent event (365 days after full commencement)","Duplicative structure with both commenced and uncommenced versions of same sections (8, 10, 19) appearing in text"],"plain_english_summary":"**What this law does:**\n\nThis law makes it much harder for Tasmanian courts to give \"suspended sentences\" — where someone is sentenced to prison but doesn't actually go to jail unless they reoffend — for serious crimes.\n\n**Who it affects:**\n\n- **Judges and magistrates** — they now face strict limits on when they can suspend prison sentences\n- **People convicted of serious offences** — particularly those convicted of sexual crimes against children, murder, rape, armed robbery, arson, kidnapping, and serious drug trafficking\n- **The Sentencing Advisory Council** — they must conduct a review before certain parts of the law can start\n\n**The key changes:**\n\n- **New restrictions (Section 23A):** Courts generally **cannot** suspend prison sentences for a specific list of serious crimes, including:\n  - Sexual offences against children and vulnerable people\n  - Murder and manslaughter\n  - Rape and aggravated sexual assault\n  - Armed robbery and kidnapping\n  - Arson\n  - Serious drug offences involving \"trafficable quantities\"\n  \n  The only exception is in \"**exceptional circumstances**\" — a high bar that gives judges very little flexibility.\n\n- **Breach of suspended sentences (Section 27):** If someone breaks the conditions of an existing suspended sentence, the court can only give them another suspended sentence in \"exceptional circumstances.\"\n\n- **Staged implementation:** Some parts of this law (Sections 8, 10 and 19) cannot start until:\n  - The Sentencing Advisory Council completes a review\n  - The review report is tabled in Parliament\n  - 10 sitting days pass after a notice of intention to commence\n  - Neither House of Parliament votes to block commencement\n\n- **Automatic repeal:** The entire Act automatically repeals itself one year after all provisions have commenced.\n\n**Why it matters:**\n\nThis represents a significant \"tough on crime\" shift in Tasmanian sentencing policy. It removes judicial discretion for serious offences, meaning more people convicted of these crimes will actually serve prison time rather than walking free with a suspended sentence. The staged implementation with parliamentary oversight shows the government wanted to proceed cautiously with the most restrictive provisions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/sentencing-amendment-phasing-out-of-suspended-sentences-act-2017","history":"/api/acts/sentencing-amendment-phasing-out-of-suspended-sentences-act-2017/history","analysis":"/api/acts/sentencing-amendment-phasing-out-of-suspended-sentences-act-2017/analysis","conflicts":"/api/acts/sentencing-amendment-phasing-out-of-suspended-sentences-act-2017/conflicts","importantCases":"/api/acts/sentencing-amendment-phasing-out-of-suspended-sentences-act-2017/important-cases","documents":"/api/acts/sentencing-amendment-phasing-out-of-suspended-sentences-act-2017/documents"}}