QLDIn ForceAct
Corrective Services Act 2006
sec.478BPrevious expectations of sexual offenders about resettlement leave
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### sec.478B Previous expectations of sexual offenders about resettlement leave
This section applies to a prisoner to whom section 478A(1) applies if—
the prisoner was granted resettlement leave before the commencement of section 82(1)(e) (the commencement ); and
the chief executive cancels the operation of the order for the prisoner’s resettlement leave under section 85(2) because the Queensland board suspended or cancelled the prisoner’s resettlement leave program, whether before or after the commencement.
The pre-amended Act applies for the purpose of the following—
section 80;
an amendment of the resettlement leave program;
an application made under the Judicial Review Act 1991 in relation to the Queensland board’s decision to suspend or cancel the resettlement leave program.
If the Queensland board, whether before or after the commencement, changes its decision to suspend or cancel its approval of the resettlement leave program for the prisoner, the chief executive must act under section 74 to give effect to the changed decision as if section 9 of the amending Act had not been enacted.
If the Queensland board, whether before or after the commencement approves a resettlement leave program for the prisoner following an order made under the Judicial Review Act 1991 , section 30, the chief executive must act under section 74 in relation to the approved resettlement leave program as if section 9 of the amending Act had not been enacted.
If, in accordance with subsection (3) or (4), the chief executive grants the prisoner resettlement leave, the pre-amended Act applies to the prisoner for the resettlement leave.
In this section—
amending Act means the Criminal Code (Drink Spiking) and Other Acts Amendment Act 2006 .
pre-amended Act means this Act as in force immediately before the commencement of section 9 of the amending Act.
s 478B ins 2006 No. 45 s 8
(sec.478B-ssec.1) This section applies to a prisoner to whom section 478A(1) applies if— the prisoner was granted resettlement leave before the commencement of section 82(1)(e) (the commencement ); and the chief executive cancels the operation of the order for the prisoner’s resettlement leave under section 85(2) because the Queensland board suspended or cancelled the prisoner’s resettlement leave program, whether before or after the commencement.
(sec.478B-ssec.2) The pre-amended Act applies for the purpose of the following— section 80; an amendment of the resettlement leave program; an application made under the Judicial Review Act 1991 in relation to the Queensland board’s decision to suspend or cancel the resettlement leave program.
(sec.478B-ssec.3) If the Queensland board, whether before or after the commencement, changes its decision to suspend or cancel its approval of the resettlement leave program for the prisoner, the chief executive must act under section 74 to give effect to the changed decision as if section 9 of the amending Act had not been enacted.
(sec.478B-ssec.4) If the Queensland board, whether before or after the commencement approves a resettlement leave program for the prisoner following an order made under the Judicial Review Act 1991 , section 30, the chief executive must act under section 74 in relation to the approved resettlement leave program as if section 9 of the amending Act had not been enacted.
(sec.478B-ssec.5) If, in accordance with subsection (3) or (4), the chief executive grants the prisoner resettlement leave, the pre-amended Act applies to the prisoner for the resettlement leave.
(sec.478B-ssec.6) In this section— amending Act means the Criminal Code (Drink Spiking) and Other Acts Amendment Act 2006 . pre-amended Act means this Act as in force immediately before the commencement of section 9 of the amending Act.
- (a) the prisoner was granted resettlement leave before the commencement of section 82(1)(e) (the commencement ); and
- (b) the chief executive cancels the operation of the order for the prisoner’s resettlement leave under section 85(2) because the Queensland board suspended or cancelled the prisoner’s resettlement leave program, whether before or after the commencement.
- (a) section 80;
- (b) an amendment of the resettlement leave program;
- (c) an application made under the Judicial Review Act 1991 in relation to the Queensland board’s decision to suspend or cancel the resettlement leave program.