Crimes Amendment (Remissions of Sentences) Act 2021 (129 of 2021)

Schedule 1   Amendments

Crimes Act 1914

11   Application provisions

Scope

(1) This item applies if, immediately before the commencement of this item:

(a) a person had served, or was serving, a federal sentence in a prison of a State or Territory; and

(b) a law of the State or Territory provides, or provided, for the remission or reduction (however described) of State or Territory sentences being served in a prison of the State or Territory; and

(c) as a result of:

(i) the law mentioned in paragraph (b); and

(ii) subsection 19AA(1) of the Crimes Act 1914 (as in force immediately before the commencement of this item);

there was a remission or reduction (the pre-commencement remission or reduction ) of the federal sentence.

Application - federal sentences that had been served before commencement

(2) If, before the commencement of this item, the person had served the federal sentence, then, despite the amendments of Part IB of the Crimes Act 1914 made by this Schedule, that Part continues to apply, in relation to the pre-commencement remission or reduction of the federal sentence, as if those amendments had not been made.

Application - federal sentences that were being served immediately before commencement (laws of a kind mentioned in subsection 19AA(2) of the Crimes Act 1914)

(3) If, immediately before the commencement of this item:

(a) the person was serving the federal sentence; and

(b) the law mentioned in paragraph (1)(b) is, or was, a law of a kind mentioned in subsection 19AA(2) of the Crimes Act 1914 (as in force immediately before the commencement of this item);

then, despite the amendments of Part IB of the Crimes Act 1914 made by this Schedule, that Part continues to apply, in relation to the pre-commencement remission or reduction of the federal sentence, as if those amendments had not been made.

Application - federal sentences that were being served immediately before commencement (laws of a kind not mentioned in subsection 19AA(2) of the Crimes Act 1914)

(4) If, immediately before the commencement of this item:

(a) the person was serving the federal sentence; and

(b) the law mentioned in paragraph (1)(b) is not, or was not, a law of a kind mentioned in subsection 19AA(2) of the Crimes Act 1914 (as in force immediately before the commencement of this item);

then:

(c) the amendments of Part IB of the Crimes Act 1914 made by this Schedule apply in relation to the pre-commencement remission or reduction of the federal sentence; and

(d) the pre-commencement remission or reduction of the federal sentence is taken to be of no effect.