Page 3441 - Week 11 - Wednesday, 13 October 1993
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Clause 7
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (3.55), by leave: Madam Speaker, I move:
Page 5, line 13, proposed subsection 443(1), omit "sentence or sentences" and substitute "part of any sentence".
Page 5, line 22, proposed paragraph 443(2)(b), omit "sentence or sentences" and substitute "part of any sentence".
Page 6, line 14, proposed paragraph 443(7)(b), omit "an uncompleted sentence" and substitute "any uncompleted part of any sentence".
This is the second of a series of amendments which the Government believes should be made to proposed new section 443. Under proposed new section 443 there will be a clear presumption of concurrent sentencing unless the court otherwise orders, or in specified circumstances. Under the existing section there is no such presumption. During the consultation period for the Bill it was submitted that proposed substituted section 443 could be difficult to interpret when sentences are imposed on different days. It was argued by the Law Society, amongst others, that when sentences are imposed on different days it is not clear whether the later concurrent sentence is to commence on the day it is imposed or on the day the former concurrent sentence was imposed. In these circumstances the Government agrees that there is a need for amendment and proposes that three amendments be made to proposed substitute section 443 to clarify that a later concurrent sentence is to be served at the same time as that part of the former concurrent sentence which is uncompleted when the later concurrent sentence is imposed.
Amendments agreed to.
Clause, as amended, agreed to.
Clause 8
MR HUMPHRIES (3.57): Madam Speaker, I move:
Page 8, line 9, proposed section 450, add at the end the following subsection:
"(3) Where -
(a) a court explains or causes to be explained to a person, in accordance with subsection (1) or (2), the matters specified in that subsection; and
(b) that person is to serve a term of imprisonment;
the Registrar of the court shall provide or cause to be provided to that person, or his or her legal representative, a written record of those matters.".
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