Sentencing (No. 2) (Amendment) Regulations 1997

i Sentencing (No. 2) (Amendment) Regulations 1997 S.R. No. 126/1997 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 2 3. Principal Regulations 2 4. Amendment of regulation 7 2 5. New regulation 7A inserted 2 7A. New prescribed persons and new prescribed classes of persons 3 6. Regulations 10(1) and 11 revoked 5 7. Amendment of regulation 12 5 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1997 S.R. No. 126/1997 Sentencing Act 1991 Sentencing (No. 2) (Amendment) Regulations 1997 The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 18 November 1997 Responsible Minister: JAN WADE Attorney-General SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to prescribe persons and classes of persons who can— (i) by filing a charge, proceed against an offender where there has been a breach of a sentencing order; (ii) make applications to a court for a variation of a sentencing order; (iii) make applications to a court for a review of special conditions imposed by a sentencing court; (iv) make applications to the Secretary to the Department of Human Services for a review of a justice plan; and -- 2 of 7 -- S.R. No. 126/1997 Sentencing (No. 2) (Amendment) Regulations 1997 2 (b) to revoke certain regulations and forms. 2. Authorising provisions These Regulations are made under sections 18W(1), 26(1), 31(1), 47(1), 61(3)(b), 78(3)(b), 79(1), 81(2)(c), 82(2)(c) and 116 of the Sentencing Act 1991. 3. Principal Regulations In these Regulations, the Sentencing (No. 2) Regulations 1992 1 are called the Principal Regulations. 4. Amendment of regulation 7 (1) In regulation 7 of the Principal Regulations, in the Table— (a) in column 1, omit all entries in this column except "30(3)(b)", "31(2)", "81(2)(c)" and "82(2)(c)"; (b) in column 2, omit all entries in this column except entries specified opposite the entries in column 1 relating to "30(3)(b)", "31(2)", "81(2)(c)" and "82(2)(c)". (2) After regulation 7 of the Principal Regulations insert— "(2) On and from the commencement of the Sentencing (No. 2) (Amendment) Regulations 1997, a reference to section 81(2)(c) or section 82(2)(c) in the Table in sub-regulation (1) must be taken to be a reference to that section as in force immediately before the commencement of section 14(9) of the Sentencing and Other Acts (Amendment) Act 1997 and only to the extent that it relates to a suspended sentence.". 5. New regulation 7A inserted r. 2 r. 5 -- 3 of 7 -- S.R. No. 126/1997 Sentencing (No. 2) (Amendment) Regulations 1997 3 After regulation 7 of the Principal Regulations, insert— "7A. New prescribed persons and new prescribed classes of persons (1) For the purposes of the section of the Act specified in column 1 of the Table, the person specified in column 2 of the Table and the class of persons specified in column 3 of the Table are prescribed. TABLE Column 1 Section Column 2 Prescribed person Column 3 Prescribed class of persons 18W(1) The Director of Public Prosecutions. The Secretary to the Department of Justice. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of staff employed in CORE–the Public Correctional Enterprise in the Department of Justice as Senior Prosecutions Officers. Community corrections officers. 26(1) The Director of Public Prosecutions. The Secretary to the Department of Justice. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of staff employed in CORE–the Public Correctional Enterprise in the Department of Justice as Senior Prosecutions Officers. -- 4 of 7 -- S.R. No. 126/1997 Sentencing (No. 2) (Amendment) Regulations 1997 4 Column 1 Section Column 2 Prescribed person Column 3 Prescribed class of persons Community corrections officers. 31(1) The Director of Public Prosecutions. The informant. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of the police force. 47(1) The Director of Public Prosecutions. The Secretary to the Department of Justice. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of staff employed in CORE–the Public Correctional Enterprise in the Department of Justice as Senior Prosecutions Officers. Community corrections officers. 61(3)(b) The informant. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of the police force. Column 1 Section Column 2 Prescribed person Column 3 Prescribed class of persons 78(3)(b) The informant. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as r. 5 -- 5 of 7 -- S.R. No. 126/1997 Sentencing (No. 2) (Amendment) Regulations 1997 5 legal executives. Members of the police force. 79(1) The Director of Public Prosecutions. The informant. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of the police force. 81(2)(c) The informant. Members of the police force. 82(2)(c) The informant. Members of the police force. (2) A reference to the informant in the Table in sub-regulation (1) is a reference to the informant in the proceeding for which the sentencing order was made.". 6. Regulations 10(1) and 11 revoked (1) Regulations 10(1) and 11 of the Principal Regulations are revoked. (2) In the Principal Regulations, Forms 4 and 6 are revoked. 7. Amendment of regulation 12 In regulation 12 of the Principal Regulations— (a) omit "31(1),"; and (b) omit "or 79(1)". ═══════════════ r. 6 -- 6 of 7 -- S.R. No. 126/1997 Sentencing (No. 2) (Amendment) Regulations 1997 6 NOTES 1 S.R. No. 54/1992 as amended by S.R. Nos 149/1993 and 46/1996. Notes -- 7 of 7 --