{"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":"## What This Law Does\n\nThis Tasmanian law phases out **suspended sentences** — a type of punishment where a court sends someone to prison, but then suspends (delays or cancels) that prison term on the condition they stay out of trouble. Under a suspended sentence, offenders avoid actually going to jail *unless* they reoffend.\n\n## Who It Affects\n\n- **People convicted of crimes in Tasmania** — particularly those who might previously have received a suspended sentence instead of actual jail time\n- **Judges and magistrates** — their sentencing options are being reduced\n- **Defence lawyers and prosecutors** — who must now work within a different range of sentencing tools\n\n## Why It Matters\n\nSuspended sentences have been criticised as a 'soft option' that can confuse the public and fail to deter reoffending. By phasing them out, Tasmania is pushing courts toward **other alternatives to full-time imprisonment**, such as community service orders, home detention, or fines — or in serious cases, actual imprisonment.\n\nThe word 'phasing out' is important: this wasn't an immediate ban. It was introduced **gradually**, giving the courts, legal profession, and the justice system time to adjust.\n\nThe practical effect is that **fewer people may avoid prison** where they previously would have received a suspended sentence, though courts still have other non-custodial options available."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Title/Long Title","severity":"high","reasoning":"A 'phasing out' regime necessarily requires defined stages, dates, or triggers. Without operative provisions in the text provided, neither courts nor practitioners can determine when or how the phase-out applies, making compliance and implementation impossible to assess.","confidence":0.6,"description":"The Act is titled 'Phasing Out Of Suspended Sentences' but the full text provided contains no operative provisions, transitional schedules, or phasing timeline whatsoever. An Act purporting to 'phase out' a sentencing mechanism with no operative clauses defining phases, timelines, or offence categories is logically incoherent on its face."},{"type":"self_contradicting","section":"Status Information - Currency","severity":"low","reasoning":"Either the file modification on 17 October 2025 was substantive (requiring an updated version currency date) or it was administrative (requiring clarification). As presented, both statements cannot simultaneously be accurate without further explanation.","confidence":0.55,"description":"The document states it is 'Version current from 14 December 2018 to date (accessed 5 April 2026 at 13:17)' while also stating 'File last modified 17 October 2025'. If the file was last modified in October 2025, the claim that it reflects the version 'current from 14 December 2018 to date' is internally inconsistent — a modification would typically signal a new version currency date."},{"type":"other","section":"Document Structure (General)","severity":"low","reasoning":"Duplication of provisions, even if non-operative metadata, undermines the principle of legislative clarity. Courts applying the presumption that every word in legislation has meaning would face an impossible task interpreting duplicated identical text.","confidence":0.4,"description":"Multiple headings and subheadings are duplicated verbatim throughout the document (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). While likely a rendering artefact, if taken as the legislative text itself, a statute containing doubled provisions with identical text would create ambiguity as to whether each instance constitutes a separate operative or merely one provision — a classic interpretive absurdity."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('Version current from 14 December 2018 to date')","section_b":"Status Information - Authorisation ('File last modified 17 October 2025')","confidence":0.5,"description":"The version currency date of 14 December 2018 conflicts with a file modification date of 17 October 2025. A legislative file modified in 2025 should ordinarily reflect an updated version currency date post-2018, yet no such updated currency is acknowledged. This creates a contradiction between the stated currency of the version and the actual modification history."}]},"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"}}