Sentencing and Parole Reform Bill

Explanatory notes | Part 1 | Part 2 | Part 3 | Part 4 | Schedule 1 | Schedule 2 | Schedule 3 | Schedule 4  

Schedule 4: Amendments to other enactments

Armed Forces Discipline Act 1971 (1971 No 53)

Repeal section 168(2) and substitute:

"(2) Parts 3 and 4 of the Sentencing and Parole Reform Act 2001 do not apply to a service prisoner serving a sentence of imprisonment in a penal institution, except that section 210 of that Act, which relates to deportation, does apply to such a service prisoner.

"(2A) The sentence of a service prisoner who is serving a sentence of imprisonment in a penal institution must be reconsidered from time to time in accordance with section 166."

Bail Act 2000 (2000 No 38)

Omit from section 46 and from section 70(3) the words "or the sentence imposed in the circumstances described in section 78(6) of the Criminal Justice Act 1985".

Extradition Act 1999 (1999 No 55)

Repeal of section 2(4)(b) and (c), and substitute:

"(b) on parole, home detention, or compassionate release under subpart 2 of Part 3 of the Sentencing and Parole Reform Act 2001; or"

Omit from section 62(4) the words "section 81A of the Criminal Justice Act 1985" and substitute the words "section 248(3) of the Sentencing and Parole Reform Act 2001 ".

Omit from section 62(5) the words "a fresh determination must be made under section 81 A of the Criminal Justice Act 1985 in reliance on the certificate from the extradition country" and substitute the words "the certificate from the extradition country is a substitute certificate for the purpose of section 248(3) of the Sentencing and Parole Reform Act 2001 ".

Immigration Act 1987 (1987 No 74)

Omit from section 83(1)(b) the words "section 96 of the Criminal Justice Act 1985" and substitute the words "section 210 of the Sentencing and Parole Reform Act 2001 ".

Omit from section 89(2) the words "section 96 of the Criminal Justice Act 1985" and substitute the words "section 210 of the Sentencing and Parole Reform Act 2001 ".

Omit from section 90(2) the words "section 96 of the Criminal Justice Act 1985" and substitute the words "section 210 of the Sentencing and Parole Reform Act 2001 ".

Omit from section 106(1)(b) the words "section 96 of the Criminal Justice Act 1985" and substitute the words "section 210 of the Sentencing and Parole Reform Act 2001 ".

Omit from section 113(2) the words "section 96 of the Criminal Justice Act 1985 "-. and substitute the words "section 210 of the Sentencing and Parole Reform Act 2001 ".

International Crimes and International Criminal Court Act 2000 (2000 No 26) Repeal section 4(2)(b) and (c), and substitute:

"(b) on parole, home detention, or compassionate release under subpart 2 of Part 3 of the Sentencing and Parole Reform Act 2001; or".

Omit from section 79(1) the words "under section 81(1) of the Criminal Justice Act 1985".

Omit from sections 98(1) and 99(4) the words "section 81 B of the Criminal Justice Act 1985" and substitute in both places the words "section 248(4) of the Sentencing and Parole Reform Act 2001 ".

Repeal section 99(6), and substitute:

"(6) If this subsection applies, the new certificate is a substitute certificate for the purposes of section 248(4) of the Sentencing and Parole Reform Act 2001. "

International War Crimes Tribunals Act 1995 (1995 No 27)

Repeal section 31(1)(b)(ii) and (iii) and substitute:

"(ii) on parole, home detention, or compassionate release under subpart 2 of Part 3 of the Sentencing and Parole Reform Act 2001; or".

Legal Services Act 2000 (2000 No 42) Repeal section 6(c) and substitute:

"(c) proceedings -

"(i) before the New Zealand Parole Board under section 183 or section 221 of the Sentencing and Parole Reform Act 2001 (which relate to postponement orders and recall orders respectively):

"(ii) in the High Court on an application under section 224 of the Sentencing and Parole Reform Act 2001 (which relates to appeals against postponement orders and final recall orders)."

Mutual Assistance in Criminal Matters Act 1992 (1992 No 86) Repeal section 38(1)(b) and (c) and substitute:

"(b) on parole, home detention, or compassionate release under subpart 2 of Part 3 of the Sentencing and Parole Reform Act 2001; or".

Official Information Act 1982 (1982 No 156)

Insert in the First Schedule, after the item "New Zealand Milk Authority", the words "New Zealand Parole Board".

Penal Institutions Act 1954 (1954 No 51) Repeal section 3A(2)(a) and (b) and substitute:

"(a) the power to make an application under section 216(1) of the Sentencing and Parole Reform Act 2001 (which relates to the recall of offenders); or

"(b) the power to make an application under section 259 of the Sentencing and Parole Reform Act 2001 (which relates to suspending the application of section 258 of that Act); or".

Add to section41(1)(a) the words "or section 249 of the Sentencing and Parole Reform Act 2001 (which relates to the procedure for determining the length of pre-sentence detention on certain sentences)".

Insert, after section 4I(1)(d), the following paragraph:

"(da) calculations and determinations of officers of the institution under subpart 3 of Part 3 of the Sentencing and Parole Reform Act 2001 (which relates to determining important dates under that Act):".

Omit from section 4I(1)(e) the words "section 106(b) of the Criminal Justice Act 1985" and substitute the words "section 197(1) of the Sentencing and Parole Reform Act 2001 ".

Omit from section 12(1) the words "sections 71 and" and substitute the word "section"

Repeal section 21 B.

Omit from section 21 C(6) the words "on conditions under Part VI of the Criminal Justice Act 1985" and substitute the words "under subpart 2 of Part 3 of the Sentencing and Parole Reform Act 2001 ".

Repeal section 33(3)(a).

Repeal section 33(6).

Repeal section 34(3)(a).

Repeal section 34(6).

Wellington, New Zealand: Published under the authority of the New Zealand Government-2001 
3904VA
AUG-01
148bar1
Price code: K


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