Sentencing Amendment Regulations 2009
S.R. No. 160/2009
table of provisions
RegulationPage
RegulationPage
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Registrar's duties
6Notice of application for review of special condition of justice plan
7Assessment of order for detention in an approved mental
health service
8Diagnosis, assessment and treatment order
9Certificate of psychiatrist for diagnosis, assessment and
treatment order
10Certificate of psychiatrist for restricted involuntary treatment order
11Certificate of psychiatrist for hospital security order
12Report of authorised psychiatrist for diagnosis, assessment
and treatment order
13Report of authorised psychiatrist for restricted involuntary treatment order
14Report of authorised psychiatrist for hospital security order
15Restricted involuntary treatment order
16Hospital security order
17Intensive correction order
18Community-based order
19Application for hearing of a breach of a suspended sentence
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ENDNOTES
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Sentencing Amendment Regulations 2009
statutory rules 2009
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Sentencing Amendment Regulations 2009
Sentencing Act 1991
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S.R. No. 160/2009
Sentencing Amendment Regulations 2009
Sentencing Amendment Regulations 2009
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S.R. No. 160/2009
Sentencing Amendment Regulations 2009
The Governor in Council makes the following Regulations:
Dated: 8 December 2009
Responsible Minister:
ROB HULLS
Attorney-General
TOBY HALLIGAN
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Sentencing Regulations 2002 to achieve consistency with the Criminal Procedure Act 2009.
2Authorising provision
These Regulations are made under section 116 of the Sentencing Act 1991.
3Commencement
These Regulations come into operation on 1 January 2010.
4Principal Regulations
In these Regulations, the Sentencing Regulations 2002[1] are called the Principal Regulations.
5Registrar's duties
r. 5
In regulation 35(2) of the Principal Regulations—
(a)for paragraphs (a) and (b) substitute—
"(a)by personal service in accordance with section 391 of the Criminal Procedure Act 2009; or";
(b)in paragraph (c) omit "or (b)".
6Notice of application for review of special condition of justice plan
In Form 1 in the Schedule to the Principal Regulations, for "SENTENCING ORDER" substitute "SENTENCE".
7Assessment of order for detention in an approved mental health service
In Form 2 in the Schedule to the Principal Regulations—
(a)for "Defendant" substitute "Offender";
(b)for "defendant" (wherever occurring) substitute "offender";
(c)for "defendant's" (wherever occurring) substitute "offender's";
(d)for "DEFENDANT" substitute "OFFENDER".
8Diagnosis, assessment and treatment order
In Form 3 in the Schedule to the Principal Regulations—
(a)for "Defendant" substitute "Offender";
(b)for "defendant" (wherever occurring) substitute "offender";
(c)for "DEFENDANT" substitute "OFFENDER".
9Certificate of psychiatrist for diagnosis, assessment and treatment order
r. 9
In Form 4A in the Schedule to the Principal Regulations—
(a)for "defendant" (wherever occurring) substitute "offender";
(b)for "Defendant's" substitute "Offender's";
(c)for "defendant's" (wherever occurring) substitute "offender's".
10Certificate of psychiatrist for restricted involuntary treatment order
In Form 4B in the Schedule to the Principal Regulations—
(a)for "defendant" (wherever occurring) substitute "offender";
(b)for "Defendant's" substitute "Offender's";
(c)for "defendant's" (wherever occurring) substitute "offender's".
11Certificate of psychiatrist for hospital security order
In Form 4C in the Schedule to the Principal Regulations—
(a)for "defendant" (wherever occurring) substitute "offender";
(b)for "Defendant's" substitute "Offender's";
(c)for "defendant's" (wherever occurring) substitute "offender's".
12Report of authorised psychiatrist for diagnosis, assessment and treatment order
r. 12
In Form 5A in the Schedule to the Principal Regulations—
(a)for "defendant" (wherever occurring) substitute "offender";
(b)for "Defendant's" substitute "Offender's".
13Report of authorised psychiatrist for restricted involuntary treatment order
In Form 5B in the Schedule to the Principal Regulations—
(a)for "defendant" (wherever occurring) substitute "offender";
(b)for "Defendant's" substitute "Offender's".
14Report of authorised psychiatrist for hospital security order
In Form 5C in the Schedule to the Principal Regulations—
(a)for "defendant" (wherever occurring) substitute "offender";
(b)for "Defendant's" substitute "Offender's".
15Restricted involuntary treatment order
In Form 6 in the Schedule to the Principal Regulations—
(a)for "Defendant" substitute "Offender";
(b)for "defendant" (wherever occurring) substitute "offender";
(c)for "DEFENDANT" substitute "OFFENDER".
16Hospital security order
r. 16
In Form 7 in the Schedule to the Principal Regulations—
(a)for "Defendant" substitute "Offender";
(b)for "defendant" (wherever occurring) substitute "offender";
(c)for "DEFENDANT" substitute "OFFENDER".
17Intensive correction order
In Form 9 in the Schedule to the Principal Regulations—
(a)omit "The Magistrates' Court will supervise this order.";
(b)for "Defendant" substitute "Offender".
18Community-based order
In Form 11 in the Schedule to the Principal Regulations—
(a)omit "The Magistrates' Court will supervise this order.";
(b)for "Defendant" substitute "Offender".
19Application for hearing of a breach of a suspended sentence
In Form 13 in the Schedule to the Principal Regulations, for "SENTENCING ORDER" substitute "SENTENCE".
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S.R. No. 160/2009
Sentencing Amendment Regulations 2009
ENDNOTES
Endnotes
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[1] Reg. 4: S.R. No. 21/2002. Reprint No. 1 as at 10 September 2007. Reprinted to S.R. No. 144/2006 and subsequently amended by S.R. No. 66/2009.