QLDIn ForceAct
Corrective Services Act 2006
sec.473Previous expectations of prisoner
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### sec.473 Previous expectations of prisoner
This section applies to a prisoner sentenced for an offence committed before the commencement, whether or not the prisoner was sentenced for the offence after the commencement.
From the commencement, this chapter and chapters 2 and 5 are the only provisions dealing with the previous expectations of the prisoner.
If, before the commencement, the prisoner had a previous expectation, it is extinguished to the extent it is not provided for under subsection (2).
Subsections (2) and (3) apply in relation to an application made by the prisoner and dealt with after the commencement even if the application was made before the commencement.
This section has no effect in relation to a proceeding mentioned in section 469.
However, this section prevails to the extent it is inconsistent with—
section 471; or
the Acts Interpretation Act 1954 , sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992 , section 180 or any other law of similar effect.
The Acts Interpretation Act 1954 , section 20 deals with the saving of the operation of a repealed Act etc., and section 20C of that Act deals with the creation of offences and changes in penalties.
The Criminal Code, section 11(2) deals with the effect of changes in a law.
The Penalties and Sentences Act 1992 , section 180 deals with the effect of alterations in sentences.
In this section—
previous expectation , for a prisoner, means any expectation the prisoner may have had in relation to a matter under the 2000 Act, including, for example, any of the following—
an expectation to have a review of a classification as mentioned in previous section 12(4);
an expectation to be transferred under previous section 53(1);
an expectation to be granted approval as mentioned in previous section 56(2);
an expectation to be eligible to participate in a WORC program or WCC program as mentioned in previous section 57;
an expectation to be granted leave of absence under previous chapter 2, part 2, division 9;
an expectation to be granted remission under previous section 75;
an expectation to be granted conditional release under previous section 76;
an expectation to be discharged or released on a particular day, as mentioned in previous section 82 or 83.
s 473 amd 2009 No. 30 s 3 sch
(sec.473-ssec.1) This section applies to a prisoner sentenced for an offence committed before the commencement, whether or not the prisoner was sentenced for the offence after the commencement.
(sec.473-ssec.2) From the commencement, this chapter and chapters 2 and 5 are the only provisions dealing with the previous expectations of the prisoner.
(sec.473-ssec.3) If, before the commencement, the prisoner had a previous expectation, it is extinguished to the extent it is not provided for under subsection (2).
(sec.473-ssec.4) Subsections (2) and (3) apply in relation to an application made by the prisoner and dealt with after the commencement even if the application was made before the commencement.
(sec.473-ssec.5) This section has no effect in relation to a proceeding mentioned in section 469.
(sec.473-ssec.6) However, this section prevails to the extent it is inconsistent with— section 471; or the Acts Interpretation Act 1954 , sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992 , section 180 or any other law of similar effect. The Acts Interpretation Act 1954 , section 20 deals with the saving of the operation of a repealed Act etc., and section 20C of that Act deals with the creation of offences and changes in penalties. The Criminal Code, section 11(2) deals with the effect of changes in a law. The Penalties and Sentences Act 1992 , section 180 deals with the effect of alterations in sentences.
(sec.473-ssec.7) In this section— previous expectation , for a prisoner, means any expectation the prisoner may have had in relation to a matter under the 2000 Act, including, for example, any of the following— an expectation to have a review of a classification as mentioned in previous section 12(4); an expectation to be transferred under previous section 53(1); an expectation to be granted approval as mentioned in previous section 56(2); an expectation to be eligible to participate in a WORC program or WCC program as mentioned in previous section 57; an expectation to be granted leave of absence under previous chapter 2, part 2, division 9; an expectation to be granted remission under previous section 75; an expectation to be granted conditional release under previous section 76; an expectation to be discharged or released on a particular day, as mentioned in previous section 82 or 83.
- (a) section 471; or
- (b) the Acts Interpretation Act 1954 , sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992 , section 180 or any other law of similar effect. Note— The Acts Interpretation Act 1954 , section 20 deals with the saving of the operation of a repealed Act etc., and section 20C of that Act deals with the creation of offences and changes in penalties. The Criminal Code, section 11(2) deals with the effect of changes in a law. The Penalties and Sentences Act 1992 , section 180 deals with the effect of alterations in sentences.
- (a) an expectation to have a review of a classification as mentioned in previous section 12(4);
- (b) an expectation to be transferred under previous section 53(1);
- (c) an expectation to be granted approval as mentioned in previous section 56(2);
- (d) an expectation to be eligible to participate in a WORC program or WCC program as mentioned in previous section 57;
- (e) an expectation to be granted leave of absence under previous chapter 2, part 2, division 9;
- (f) an expectation to be granted remission under previous section 75;
- (g) an expectation to be granted conditional release under previous section 76;
- (h) an expectation to be discharged or released on a particular day, as mentioned in previous section 82 or 83.