6The *Sentencing Amendment (Adjustment of Sentences) Act 2000* s. 4-6 commenced 7 Dec 2000.

6 The *Sentencing Amendment (Adjustment of Sentences) Act 2000* s. 4-6 commenced 7 Dec 2000. 7 The *Sentencing Legislation Amendment and Repeal Act 2003* s. 22 and Sch. 1 (which was amended by No. 5 of 2008 s. 109 8 and No. 49 of 2008 s. 3‑5 9) read as follows: 22. Transitional provisions Schedule 1 has effect in relation to the amendments effected by this Division. Schedule 1 — Transitional provisions [s. 22 and 29(2)] 1. Interpretation (1) In this Schedule — commencement means the commencement of section 22; new provisions means — (a) the *Sentencing Act 1995* as amended by the sentencing amendments; and (b) the *Sentence Administration Act 2003*; old provisions means the *Sentencing Act 1995*, and the repealed Act, as they would have applied had the sentencing amendments not come into operation; repealed Act means the *Sentence Administration Act 1995*; sentencing amendments means the amendments to the *Sentencing Act 1995* effected by Part 2 Division 4 and the repeal of the *Sentence Administration Act 1995* effected by section 29(1). (2) In this Schedule, words and expressions have the same meanings as they have in the *Sentencing Act 1995* and in particular, in Part 13 of that Act. *[****2.*** *Deleted: No. 49 of 2008 s. 3.]* *[****3A.*** *As inserted: No. 49 of 2008 s. 4, expired 14 Jan 2012 (see cl. 3A(5).]* 3. Application of *Interpretation Act 1984* s. 36 Section 36 of the *Interpretation Act 1984* applies as if the *Sentence Administration Act 1995* had been repealed and re‑enacted by the *Sentence Administration Act 2003*. 4. Community orders imposed before commencement If immediately before commencement — (a) a community based order, or an intensive supervision order, made under the *Sentencing Act 1995* is in force; or (b) a WDO made under Part 4 of the *Fines, Penalties and Infringement Notices Enforcement Act 1994* is in force, then on and after commencement — (c) the *Sentence Administration Act 2003* applies to and in respect of the order; and (d) the reference in the order to section 76 of the *Sentence Administration Act 1995* is to be taken to be a reference to section 76 of the *Sentence Administration Act 2003*. 5. Sentences of imprisonment imposed before commencement (1) If immediately before commencement a person is subject to a fixed term that is not a parole term and to which the old provisions apply, then on and after commencement the old provisions continue to apply to that term and to the release of the person in respect of that term. (2) If immediately before commencement a person is subject to a parole term to which the old provisions apply, then on and after commencement — (a) the old provisions apply for the purpose of calculating — (i) when the person is eligible to be released on parole; (ii) the parole period for the person; and (iii) when the person is discharged from the sentence and must be released; (b) the new provisions apply for the purpose of determining whether the person is to be released on parole; (c) if the person is to be released on parole, the release is to be by means of a parole order made under Part 3 of the *Sentence Administration Act 2003* and for that purpose — (i) the parole period in the order is to be the parole period calculated under the old provisions; and (ii) the supervised period for the order is to be the same as the parole period; and (d) if the person is released on parole, the *Sentence Administration Act 2003* applies to and in respect of the person and the order except to the extent that paragraph (a) or (c) provides otherwise. (3) If immediately before commencement a person is in custody serving a life term to which the old provisions apply, then on and after commencement the new provisions apply to that term. (4) If immediately before commencement a person is in custody serving indefinite imprisonment, then on and after commencement the new provisions apply in respect of that person. (5) If immediately before commencement a person is detained in strict or safe custody during the Governor’s pleasure under an order made under section 282 of *The Criminal Code*, then on and after commencement the new provisions apply in respect of that person. 5A. Minister may discharge certain prisoners from old parole terms (1) In this clause — discharge means a discharge given under subclause (5); Minister means the Minister administering Part 8 of the *Sentence Administration Act 2003*; old parole term means a parole term to which the old provisions apply. (2) This clause does not affect the operation of section 95(2) of the *Sentencing Act 1995* as it was before the sentencing amendments. (3) The Prisoners Review Board established under the *Sentence Administration Act 2003* may at any time give the Minister a report recommending that a person who is subject to an old parole term and who has served two thirds of the term be discharged from the term. (4) Any such report must deal with the release considerations (as that term is defined in section 5A of the *Sentence Administration Act 2003*) relating to the person. (5) If the Minister, after considering such a report, is satisfied — (a) that the person has served two thirds of the term; and (b) after taking into account — (i) the release considerations in the report relating to the person; and (ii) section 5B of the *Sentence Administration Act 2003*, that the person ought to be discharged from the term despite the old provisions, the Minister, in writing, may discharge the person from the term. (6) A discharge — (a) has effect on the date of the discharge or on any later date specified in it; and (b) has effect despite the old provisions. (7) If, on the date a discharge has effect in relation to a person who is subject to an old parole term, the person is in custody, the person must be released in respect of that term. (8) If, on the date a discharge has effect in relation to a person who is subject to an old parole term, the person is subject to a parole order made in respect of that term, the person ceases to be subject to the parole order in so far as it applies in respect of that term. *[Clause 5A inserted: No. 5 of 2008 s. 109.]* 6. Early release orders made before commencement If immediately before commencement a person is subject to a parole order, a home detention order, or a work release order, made under the repealed Act, then on and after commencement the repealed Act continues to apply to and in respect of that order. 7. WROs If immediately before commencement a person is subject to a sentence of imprisonment to which the old provisions apply, then on or after commencement — (a) subject to Part 4 of the repealed Act, a work release order may be made in respect of the person; and (b) Parts 4, 6, 7 and 8 of the repealed Act continue to operate for those purposes and in respect of any such order. 8. HDOs If immediately before commencement a person is subject to a sentence of imprisonment of less than 12 months to which the old provisions apply, then on or after commencement — (a) subject to Part 5 of the repealed Act, a home detention order may be made in respect of the person; and (b) Parts 5, 6, 7 and 8 of the repealed Act continue to operate for those purposes and in respect of any such order. 9. Warrants in force at commencement A warrant issued under the repealed Act and in force immediately before commencement remains in force despite the repeal of the repealed Act. 10. Community corrections centres (1) If a place is a community corrections centre under section 84 of the repealed Act immediately before commencement, then on and after commencement the place continues as a community corrections centre as if it had been declared by a notice under section 84(1) of the *Sentence Administration Act 2003*. (2) An order under section 84(1) of the repealed Act may be amended or cancelled by the Minister. 11. CEO’s instructions for community corrections centres (1) If rules made under section 86 of the repealed Act are in force immediately before commencement, then on and after commencement the rules are to be taken to be written instructions issued under section 86 of the *Sentence Administration Act 2003* until written instructions are issued under that section. (2) When written instructions are issued under section 86 of the *Sentence Administration Act 2003* a reference in the repealed Act to rules made under section 86 of the repealed Act is to be taken to be a reference to those written instructions. 12. Parole Board’s report The Board’s annual report made under section 112 of the *Sentence Administration Act 2003* must report on the operation of the repealed Act to the extent that it continues to operate by virtue of this Schedule and the *Interpretation Act 1984*. 13. Offenders serving imprisonment imposed before 4 November 1996 (1) In this clause —