Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017
An Act to amend the Sentencing Act 1997 to remove the power of courts to make community service orders and probation orders, to include a power for courts to make home detention orders and community correction orders, to restrict the power of courts to suspend certain sentences of imprisonment, to amend the Interstate Transfer (Community-based Sentences) Act 2009 , and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017 .
(1) The provisions of this Act commence on a day or days to be proclaimed.(2) Despite subsection (1), sections 8, 10 and 19 may not be commenced except if –(a) a copy of a report in relation to a review under this section has been laid before both Houses of Parliament under subsection (8)(a); and(b) at least 10 sitting-days of each of the Houses of Parliament have expired since a notice of intention to commence sections 8, 10 and 19 was laid before both Houses of Parliament under subsection (8)(b); and(c) a motion to disallow the commencement of sections 8, 10 and 19 has not been passed by a House of Parliament under subsection (9).(3) The Minister may lay before each House of Parliament a draft of the terms of the review that has been prepared in consultation with the Sentencing Advisory Council.(4) A House of Parliament may pass a motion approving, or refusing to approve, a draft of the terms of the review that has been laid before the House of Parliament under subsection (3).(5) The Minister, by notice to the Sentencing Advisory Council, may request the Council to –(a) conduct a review, in accordance with the terms of the review contained in a draft of the terms of review that is approved by each House of Parliament under subsection (4); and(b) to provide a report in relation to the review by the day specified in the notice.(6) The Minister may only make a request under subsection (5) –the day by which both section 14 and 15 of this Act have commenced.(a) not less than 18 months after; and(b) not more than 2 years after –(7) The Sentencing Advisory Council is to provide to the Minister a report in relation to the review within the period specified, in accordance with subsection (5)(b), in the notice under subsection (5).(8) The Minister –(a) must, within 5 sitting-days after being provided with a report under subsection (7), lay a copy of the report before each House of Parliament; and(b) may, after or at the same time as a copy of a report is laid before a House of Parliament under paragraph (a), lay before that House of Parliament a notice of intention to commence sections 8, 10 and 19.(9) A House of Parliament may, within 10 sitting-days after a notice of intention to commence sections 8, 10 and 19 has been laid before the House of Parliament under subsection (8)(b), pass a motion disallowing the commencement of sections 8, 10 and 19.
PART 2 - Sentencing Act 1997 Amended
In this Part, the Sentencing Act 1997 is referred to as the Principal Act.
The amendments effected by this section have been incorporated into the authorised version of the Sentencing Act 1997 .
The amendments effected by this section have been incorporated into the authorised version of the Sentencing Act 1997 .
The amendments effected by this section have been incorporated into the authorised version of the Sentencing Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
[Uncommenced
8. Section 23A inserted
Before section 24 of the Principal Act , the following section is inserted in Division 4:23A. Limitations on ability to suspend sentences
A court must not, except in exceptional circumstances, make an order suspending the whole or part of a sentence of imprisonment if the sentence of imprisonment is imposed in relation to –(a) an offence, or an attempt to commit an offence, against a provision, specified in Column 2 of Part 1 of Schedule 3, of an Act, or of the Criminal Code, as specified in Column 3 of Part 1 of Schedule 3; or(b) an offence, or an attempt to commit an offence, that is an offence –(i) against a provision, of the Misuse of Drugs Act 2001 , specified in Column 2 of Part 2 of Schedule 3; and(ii) that relates to a trafficable quantity, within the meaning of, and as determined under, that Act, of a controlled substance, within the meaning of that Act.
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The amendments effected by this section have been incorporated into the authorised version of the Sentencing Act 1997 .
[Uncommenced
10. Section 27 amended (Breach of order suspending sentence)
Section 27 of the Principal Act is amended as follows:(a) by omitting from subsection (4C)(c) "by order" and substituting "if there are exceptional circumstances, by order";(b) by omitting from subsection (4C)(d) "make" and substituting "if there are exceptional circumstances, make";(c) by omitting from subsection (4E)(c) "by order" and substituting "if there are exceptional circumstances, by order";(d) by omitting from subsection (4E)(d) "make" and substituting "if there are exceptional circumstances, make";(e) by inserting the following subsection after subsection (5) :(5A) Unless there are exceptional circumstances, a substituted sentence imposed under this section may not include an order suspending all or part of a sentence of imprisonment.
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The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
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19. Schedule 3 inserted
After Schedule 2 to the Principal Act , the following Schedule is inserted:SCHEDULE 3 - Non-suspension of sentence offencesPART 1 - Offences generally
Column 1 - Description of offence
Column 2 – Section
Column 3 – Act
Sexual intercourse with a young person under the age of 17 years
Section 124 (1)
Maintaining a sexual relationship with a young person under the age of 17 years
Section 125A (2)
Procuring unlawful sexual intercourse with young person
Sexual intercourse with a person with a mental impairment
Section 126 (1)
Aggravated sexual assault
Section 127A (1)
Involving a person under the age of 18 years in the production of child exploitation material
Producing child exploitation material
Distributing child exploitation material
Section 130B (1)
Incest
Section 133 (1)
Murder
Manslaughter
Section 159 (2)
Being accessory after the fact to murder
Committing an unlawful act intended to cause grievous bodily harm
Section 170 (1)
Wounding [or causing grievous bodily harm]
Performing female genital mutilation
Section 178A (1)
Setting a spring-gun [or man-trap] [or allowing a spring-gun (or man-trap) to remain set]
Section 179 (1)
Rape
Section 185 (1)
Forcible abduction
Section 186 (1)
Abduction
Section 186 (2)
Abduction of a child
Kidnapping
Armed robbery
Aggravated armed robbery
Arson
Procuring or otherwise causing or permitting a child to provide sexual services in a sexual services business
Receiving a fee or reward that a person knows &c. is derived, directly or indirectly, from sexual services provided by a child in a sexual services business
PART 2 - Drug Offences where trafficable quantity
Column 1 – Description of Offence
Column 2 – Section
Column 3 – Act
Manufacturing controlled drug for sale
Section 6(1)
Cultivating controlled plant for sale
Section 7(1)
Possessing thing intended for use in manufacture of controlled substance for sale
Section 8
Possessing thing intended for use in cultivation of controlled plant for sale
Section 9
Manufacturing controlled precursor intended for use in manufacture of controlled drug for sale
Section 10(1) or (2)
Selling controlled precursor for use in manufacturing controlled drug
Section 11
Trafficking in controlled substance
Section 12(1)
Procuring child to traffic in controlled substance
Section 13(1)
Supplying controlled drug to child
Section 14
Concealing, &c., property derived from drug offence
Section 16
Receiving property directly received from drug offence
Section 17(1)
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PART 3 - Interstate Transfer (Community-based Sentences) Act 2009 Amended
The amendments effected by this Part have been incorporated into the authorised version of the Interstate Transfer (Community-based Sentences) Act 2009 .
The amendments effected by this Part have been incorporated into the authorised version of the Interstate Transfer (Community-based Sentences) Act 2009 .
The amendments effected by this Part have been incorporated into the authorised version of the Interstate Transfer (Community-based Sentences) Act 2009 .
The amendments effected by this Part have been incorporated into the authorised version of the Interstate Transfer (Community-based Sentences) Act 2009 .
The amendments effected by this Part have been incorporated into the authorised version of the Interstate Transfer (Community-based Sentences) Act 2009 .
PART 4 - Concluding Provision
This Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.