6 The Parole and Sentencing Legislation Amendment Act 2006 Pt. 7 reads as follows:
Part 7 — Transitional provisions
Arrangements for CEO parole orders
amended provisions means the Sentence Administration Act 2003 Part 3 Divisions 4 and 7 to 10 as amended by this Act;
commencement means the coming into operation of section 20;
former provisions means the Sentence Administration Act 2003 Part 3 Division 4 as enacted before being amended by this Act;
prescribed period means the period ending 2 months after the day of the commencement,
and other terms used have the same meanings as they have in the amended provisions.
(2) If immediately before the commencement a person is subject to a parole order made by the CEO under the former provisions, then on and after the commencement the amended provisions apply to and in respect of that person and that parole order as if the parole order had been made by the Board.
(3) Despite anything in the amended provisions, during the prescribed period the CEO may exercise —
(a) the power conferred on the Board by section 23 of the amended provisions; and
(b) the powers conferred on the Board by the amended provisions in relation to a parole order made under section 23 of the former provisions or section 23 of the amended provisions.
(4) A power exercised under subsection (3) is to be regarded as having been exercised by the Board.
Arrangements for RROs
amended provisions means the Sentence Administration Act 2003 Part 4 as amended by this Act;
commencement means the coming into operation of section 41;
former provisions means the Sentence Administration Act 2003 Part 4 as enacted before being amended by this Act,
and other terms used have the same meanings as they have in the amended provisions.
(2) If immediately before the commencement a person is subject to an RRO made under the former provisions, then on and after the commencement the former provisions continue to apply to and in respect of that person and that order.
(3) Despite section 50 of the amended provisions, a prisoner serving a parole term imposed before the commencement may apply under the amended provisions to be released under an RRO.
(4) An application mentioned in subsection (3) is to be dealt with in accordance with the amended provisions but, if the RRO is made —
(a) sections 54(3)(b) and 60 of the former provisions apply in respect of it and the making of it; and
(b) section 54(3)(b) of the amended provisions does not apply in respect of it.
Arrangements for members of existing Parole Board
commencement means the coming into operation of section 57;
Parole Board means the Board as established under section 103 as enacted before the commencement;
Prisoners Review Board means the Board to be established under section 103 as it is set out in section 57;
section 103 means the Sentence Administration Act 2003 section 103.
(2) The person holding office as the judicial member of the Parole Board immediately before the commencement is to hold office as the chairperson of the Prisoners Review Board for the remainder of the period for which the person was appointed as the judicial member.
(3) Immediately before the commencement the office of any person, other than the judicial member, who is then a member of, acting member of, or deputy of a member of, the Parole Board becomes vacant.
(4) Subsection (3) does not prevent a person mentioned in that subsection from being nominated, being appointed, or holding office, as a member of the Prisoners Review Board.
7 The Family Violence Legislation Reform Act 2020 s. 37 will not come into operation as the Schedule it sought to amend has been deleted by the High Risk Serious Offenders Act 2020 s. 116.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.