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Sentencing Act 1995
128Regulations
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128 Regulations
(1) The Administrator may make regulations under this Act.
Sentencing Act 1995 98
(2) The Regulations may:
(a) be of general or limited application; or
(b) confer a discretionary authority or impose a duty on a
specified person or a specified class of person; or
(c) prescribe the fees payable in respect of any matter under this
Act; or
(d) prescribe penalties, not exceeding 100 penalty units, for
offences against the Regulations.
Division 1 Repeal of Acts
129 Repeal
The Acts and Ordinances specified in Schedule 4 are repealed.
130 Savings and transitional
(1) This Act applies to a sentence imposed after the commencement of
this section, irrespective of when the offence was committed.
(2) Where, immediately before the commencement of this section, an
order under the Criminal Law (Conditional Release of Offenders)
Act 1971 or a sentence was in force in respect of a person, the
person continues to be subject to the requirements of the order or
sentence in all respects as if this Act has not commenced but the
order or sentence may be cancelled or varied and any failure to
comply with it may be dealt with under this Act (whether or not, in
the case of an order, the order is still in force) as if it were made or
imposed after the commencement of this section.
(3) Where, immediately before the commencement of this section, a
declaration under section 397 or a direction under section 401 of
the Criminal Code detaining a person at the Administrator's
pleasure was in force, the person continues to be subject to the
requirements of the declaration or direction in all respects, and the
declaration or direction shall be subject to, and the person may be
dealt with under, the Criminal Code or section 8A of the Criminal
Law (Conditional Release of Offenders) Act 1971 as in force before
that commencement, as if this Act had not commenced.
Division 5 Transitional matters for Justice (Corrections) and Other Legislation
Amendment Act 2011
Sentencing Act 1995 99
(4) The Regulations may contain provisions of a savings or transitional
nature consequent on the commencement of the various provisions
of this Act.
(5) For the purposes of this section, an order made or imposed by an
appellate court after the commencement of this section on setting
aside an order made or a sentence imposed before that
commencement shall be taken to have been made or imposed at
the time the original order was made or the sentence imposed.