Part 4Road Safety and Sentencing Acts Amendment Act 2012—Validations

Part 4—Road Safety and Sentencing Acts Amendment Act 2012—Validations Sch. 3 cl. 18 inserted by No. 45/2012 s. 13. 18 Validation of certain community correction orders (1) A community correction order made or purported to have been made on or after 16 January 2012 and before the day on which the **Road Safety and Sentencing Acts Amendment Act 2012** receives the Royal Assent has, and is taken always to have had, the same force and effect as it would have had if section 12 of that Act had been in operation when the order was made or purported to have been made. (2) For the avoidance of doubt, a community correction order may be made in respect of an offender sentenced on or after 16 January 2012, irrespective of when the offence was committed or the finding of guilt was made. (3) A community correction order referred to in subclause (1) and a sentence of imprisonment (irrespective of the period of imprisonment and whether or not the sentence is suspended in whole or in part) that are imposed on an offender in exercise, or purported exercise, of a power under section 44 (as then in force) are not invalid by reason only of failure to comply with section 44. (4) Any act or thing done or omitted to be done, whether under a power conferred by or under an enactment or otherwise, before or after the commencement of section 13 of the **Road Safety and Sentencing Acts Amendment Act 2012** in reliance on or in relation to— (a) a community correction order that is validated by subclause (1) or (3) or a sentence of imprisonment that is validated by subclause (3); or (b) a contravention or alleged contravention of an order or sentence referred to in paragraph (a)— including any penalty imposed, has the same effect, and gives rise to the same consequences, and is to be regarded as always having had the same effect and having given rise to the same consequences, as if section 12 of the **Road Safety and Sentencing Acts Amendment Act 2012** had been in operation and section 44 of this Act (as then in force) had been complied with. (5) A right or liability conferred or imposed in relation to, or affected by— (a) a community correction order that is validated by subclause (1) or (3) or a sentence of imprisonment that is validated by subclause (3); or (b) a contravention or alleged contravention of an order or sentence referred to in paragraph (a)— including any penalty imposed, is exercisable or enforceable, and is to be regarded as always having been exercisable or enforceable, as if section 12 of the **Road Safety and Sentencing Acts Amendment Act 2012** had been in operation and section 44 of this Act (as then in force) had been complied with. (6) Without limiting subclause (5), the rights and liabilities conferred or imposed in relation to a community correction order include rights of appeal. (7) This clause does not affect the right of any person to appeal against a sentence that includes a community correction order on any other ground. (8) This clause and the amendment of clause 5 of this Schedule by section 12 of the **Road Safety and Sentencing Acts Amendment Act 2012** do not affect the rights of the parties in the proceedings known as *DPP v Tyson Jason Leys; DPP v Dillon Thomas Leys* (No. S APCR 2012 0054 and No. S APCR 2012 0055). Sch. 3A (Heading and cl. 1) inserted by No. 27/2018 s. 351(Sch. 4 cl. 21).