1Transitional, savings, and related provisions Empowered by s 4A
1Provisions relating to Parole (Drug and Alcohol Testing) Amendment Act 2016
1Interpretation
In this schedule,—
commencement date means the date on which the Parole (Drug and Alcohol Testing) Amendment Act 2016 comes into force
pre-commencement drug or alcohol condition means a condition—
- that is imposed before the commencement date under section 15, 18(2)(b), or 107K(1); and
- that prohibits an offender from doing 1 or more of the following:
- using (as defined in section 4(1)) a controlled drug:
- using a psychoactive substance:
- consuming alcohol.
- using (as defined in section 4(1)) a controlled drug:
- that is imposed before the commencement date under section 15, 18(2)(b), or 107K(1); and
2Testing and monitoring of offender on parole, or released under section 17, with pre-commencement drug or alcohol condition
This clause applies if an offender—
- is on parole with a pre-commencement drug or alcohol condition; or
- has been released under section 17, at the release date of a long-term sentence, with a pre-commencement drug or alcohol condition.
On and from the commencement date, sections 16B to 16E, 71A, 72A, 74A, and 74B, and any rules made under section 74A, apply in respect of the offender—
- as if the pre-commencement drug or alcohol condition were a drug or alcohol condition imposed by the Board on or after the commencement date; and
- as if the Board had complied with section 16A(3) in respect of the condition.
3Testing and monitoring of offender subject to extended supervision order with pre-commencement drug or alcohol condition
This clause applies if an offender is subject to an extended supervision order with a pre-commencement drug or alcohol condition.
On and from the commencement date, sections 16B to 16E, 72A, 74A, 74B, and 107TA, and any rules made under section 74A, apply in respect of the offender—
- as if the pre-commencement drug or alcohol condition were a drug or alcohol condition imposed by the Board on or after the commencement date; and
- as if the Board had complied with section 16A(3) in respect of the condition.
2Provisions relating to Parole Amendment Act 2023
4Interpretation
In this Part,—
amendment Act means the Parole Amendment Act 2023
programme condition means a condition requiring an offender to participate in a programme to reduce the risk of further offending by the offender through the rehabilitation and reintegration of the offender (see section 15(3)(b))
residential condition means 1 or both of the following special conditions:
- a condition relating to an offender’s place of residence (see section 15(3)(a)):
- a condition imposing residential restrictions (see section 15(3)(ab)).
- a condition relating to an offender’s place of residence (see section 15(3)(a)):
Notes
- Schedule 1 clause 4: inserted, on , by section 6(a) of the Parole Amendment Act 2023 (2023 No 63).
5Validation of special conditions relating to programmes
This clause applies if,—
- before it commences,—
- a sentencing court imposes (under section 107IA), or the Board imposes (under section 107K), on an offender who is subject to an extended supervision order the following special conditions:
- a residential condition; and
- a programme condition; and
- a residential condition; and
- those special conditions have not expired or been discharged; and
- a sentencing court imposes (under section 107IA), or the Board imposes (under section 107K), on an offender who is subject to an extended supervision order the following special conditions:
- taken together, the special conditions require the offender to reside with, or result in the offender residing with, the provider of the programme in which the offender is required to participate.
Any programme condition referred to in subclause (1) that would have been determined as invalid under section 107K(3)(bb)(ii) is to be treated as valid if it could have been validly imposed had the amendment Act been in force at the time it was imposed.
The programme condition is valid from when it was imposed.
Notes
- Schedule 1 clause 5: inserted, on , by section 6(a) of the Parole Amendment Act 2023 (2023 No 63).
6Validation of actions taken in respect of special conditions relating to programmes
An action taken by any person before this clause commences for the purpose of ensuring any programme condition referred to in clause 5(1) was complied with is valid if the action could have been validly taken had the amendment Act been in force at the time the action was taken.
The action is valid from when it was taken.
Notes
- Schedule 1 clause 6: inserted, on , by section 6(a) of the Parole Amendment Act 2023 (2023 No 63).
3Provision relating to Three Strikes Legislation Repeal Act 2022
7Treatment of persons serving sentence of life imprisonment without parole for murder on commencement of Three Strikes Legislation Repeal Act 2022
This clause applies to a person who,—
- before the repeal Act came into force, was convicted of murder and sentenced to imprisonment for life; and
- immediately before the repeal Act came into force, was subject to an order made under section 103(2A) of the Sentencing Act 2002.
A person to whom this clause applies—
- is not, and has never been, affected by the amendments to sections 20 and 84 made by sections 18 and 19 of the repeal Act; and
- may not be released on parole so long as the order remains in force.
In this clause, repeal Act means the Three Strikes Legislation Repeal Act 2022.
Notes
- Schedule 1 clause 7: inserted, on , by section 24(a) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).
4Provisions relating to Sentencing (Reinstating Three Strikes) Amendment Act 2024
8Interpretation
In this Part,—
amendment Act means the Sentencing (Reinstating Three Strikes) Amendment Act 2024
commencement date means the date on which sections 21(2), 23(2), and 24 of the amendment Act come into force.
Notes
- Schedule 1 clause 8: inserted, on , by section 24(a) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).
9Retrospective application of section 20(5)
Section 20(5) (as inserted by section 21(2) of the amendment Act) applies on and from 16 August 2022 as if it were in force on and from that date.
Notes
- Schedule 1 clause 9: inserted, on , by section 24(a) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).
10Retrospective application of section 84(3) and (3A)
Section 84(3) and (3A) (as inserted by section 23(2) of the amendment Act) apply on and from 16 August 2022 as if they were in force on and from that date.
Notes
- Schedule 1 clause 10: inserted, on , by section 24(a) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).


