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Sentence Administration Act 2003
6The *Parole and Sentencing Legislation Amendment Act 2006* Pt. 7 reads as follows:
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6 The *Parole and Sentencing Legislation Amendment Act 2006* Pt. 7 reads as follows:
Part 7 — Transitional provisions
98. 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.
99. 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.
100. 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.]*
**Defined term Provision(s)**
additional release considerations 66F
approved electronic monitoring device 4(2)
approved form 118A(1)
authorised person 108(1)
Board 4(2), 12C, 66E, 67A(1), 119A(1), 119B(1)
breach 74A
cancelled PSSO 74A, 74K(1)
category 1 prisoner 4(2)
category 2 prisoner 4(2)
CCO 4(3)
centre 75, 83
CEO 4(2)
chairperson 4(2)
combined report 12B(1)
commencement 123
commencement day 129(1), 130
Commissioner of Police report 4(2)
Commonwealth Criminal Code 4(2)
community 4(2)
community corrections activities 4(2)
community corrections centre 4(2)
community corrections officer 4(2)
community corrections order 75, 83
community order 4(2)
conditional suspended imprisonment 4(2)
confirmed control order 3(2)
contractor 97B(1)
court 119C(1)
CSI 4(3)
current sentence 4(2)
departmental staff 4(2)
designated family relationship 4(2)
designated prisoner 14B
disclosure requirement 119C(1)
early release order 4(2)
electronic monitoring information 97DA(1)
EM orders 97DA(1)
family violence offence (category A) 4(2)
family violence offence (category B) 4(2)
family violence restraining order 4(2)
first relevant offence 14B
first report 12B(1)
fixed term 7(1)
former Division 129(1)
former transitional provisions 123
further offence 74K(1)
further term 74K(1)
Governor’s pleasure detainee 4(2)
homicide offence 66A
homicide related offence 66A
honorary CCO 4(2)
interim control order 4(2)
intimate personal relationship 4(2A)
member Sch. 1 cl. 1
minimum hours requirement 78(1)
monitoring equipment 118(1), 118A(1)
non-parole period 7(1)
notice 84(3)
notifiable information 112A(3)
offender 76(1), 78(1), 83
original report 131(1), 132(1), 133(1), 134(1)
parole order 4(2)
parole order (unsupervised) 4(2)
post-sentence supervision order 4(2)
pre-1996 prisoner 123
prescribed prisoner 23(1)
prisoner 4(2), 11A(1), 13(1), 14(1), 19, 25(1), 66J, 74A
prisoner management report 11A(2)
prisoner with links to terrorism 4(2)
prohibited act 4(2C)
protected information 112A(1)
PSSO 4(3)
PSSO considerations 74A
PSSO period 74A, 74E(2)
public authority 97B(1)
re-entry release order 4(2)
release 4(2)
release action 66A, 66D, 112A(1)
release considerations 4(2), 5A
release decision 66A, 66D, 112A(1)
relevant employee 97DA(1)
relevant information 97B(1)
relevant instruction 118A(1)
relevant matter 118A(1)
relevant offence 14B, 118A(1)
relevant prisoner 66A
relevant report 14B
remains of the victim 66A
research 97B(1)
re-socialisation programme 4(2)
reviewable decision 115A(1)
RRO 4(3)
Schedule 3 prisoner 4(2)
sensitive information 112A(1)
sentence 4(2)
serial family violence offender 4(2)
serious offence 4(2), 74A
serious offender under restriction 74A
service provider 97B(1)
supervised offender 4(2), 74E(1)
T 69(6)
terrorism offence 4(2)
terrorist act 4(2)
terrorist intelligence information 4(2)
transitional period 123
victim 4(2), 5D(1)
victim’s submission 4(2), 5C(1)
violent personal offence 5D(1)
WDO 4(3)
work and development order 4(2)
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Attribute work as: © State of Western Australia 2024.
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