Crimes (Sentencing) Act 2005
- Number
- A2005-58
- Status
- In Force
- Current law
- Regulations & instruments
- Point-in-time versions
- Law history
Current version
Notes
- Uncommenced amendments by Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023.
- Uncommenced expiry of provisions.
- Proposed amendments by Crimes Legislation Amendment Bill 2023.
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 22 November 2023 | HTMLPDFWord | R62 | 22 November 2023 | Republication for amendments by A2023-45 |
Administering Minister and Directorate
- Attorney-General - Justice and Community Safety Directorate
Legislative instruments
Legislative instruments under the Act and its subordinate laws
| Name | Status | Classifier | Type | Under | Effective | Year and No |
|---|---|---|---|---|---|---|
| Crimes (Sentencing) Regulation 2006 | None | Subordinate laws | s 139 | 17 December 2022 | SL2006-22 | |
| Crimes (Sentencing) Amendment Regulation 2006 (No 1)(Repealed) | Repealed | Subordinate laws | s 139 | 2 June 2006 - 3 June 2006 | SL2006-25 | |
| Crimes (Sentencing) Amendment Regulation 2008 (No 1)(Repealed) | Repealed | Subordinate laws | s 139 | 13 May 2008 - 14 May 2008 | SL2008-20 | |
| Crimes (Sentencing) Amendment Regulation 2009 (No 1)(Repealed) | Repealed | Subordinate laws | s 139 | 9 October 2009 - 10 October 2009 | SL2009-48 | |
| Crimes (Sentencing) Amendment Regulation 2010 (No 1)(Repealed) | Repealed | Subordinate laws | s 139 | 13 August 2010 - 14 August 2010 | SL2010-35 | |
| Crimes (Sentencing) Amendment Regulation 2013 (No 1)(Repealed) | Repealed | Subordinate laws | s 139 | 28 June 2013 - 29 June 2013 | SL2013-16 | |
| Crimes (Sentencing) Amendment Regulation 2015 (No 1)(Repealed) | Repealed | Subordinate laws | s 139 | 13 February 2015 - 14 February 2015 | SL2015-3 | |
| Crimes (Sentencing) Amendment Regulation 2021 (No 1)(Repealed) | Repealed | Subordinate laws | s 139 | 21 August 2021 - 22 August 2021 | SL2021-21 | |
| Crimes (Sentencing) Amendment Regulation 2022 (No 1)(Repealed) | Repealed | Subordinate laws | s 139 | 28 October 2022 - 29 October 2022 | SL2022-14 |
Related instruments
| Name | Effective | Year and No | Classification | Status |
|---|---|---|---|---|
| Public Sector Management (Crimes (Sentencing)) Delegation 2019 (No 1) (Repealed) | 16 October 2019 - 5 October 2022 | NI2019-628 | ni | Repealed |
| Public Sector Management (Crimes Sentencing) Delegation 2022 (No 1) | 6 October 2022 | NI2022-503 | ni | None |
Point-in-time versions
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 22 November 2023 | HTMLPDFWord | R62 | 22 November 2023 | Republication for amendments by A2023-45 |
| 9 November 2023 - 21 November 2023 | HTMLPDFWord | R61 | 9 November 2023 | |
| 30 September 2023 - 8 November 2023 | HTMLPDFWord | R60 | 30 September 2023 | Republication for expiry of provisions (s 46C (7)-(9), s 78 (1) note 2) |
| 13 September 2023 - 29 September 2023 | HTMLPDFWord | R59 | 13 September 2023 | Republication for amendments by A2023-33 |
| 17 August 2022 - 12 September 2023 | HTMLPDFWord | R58 (RI) | 24 November 2022 | Republication for amendments by A2022-13 Reissued for textual correction in table 90 |
| 14 October 2021 - 16 August 2022 | HTMLPDFWord | R57 | 14 October 2021 | Republication for amendments by A2021-24 |
| 12 August 2021 - 13 October 2021 | HTMLPDFWord | R56 | 12 August 2021 | Republication for amendments by A2021-18 |
| 23 June 2021 - 11 August 2021 | HTMLPDFWord | R55 | 23 June 2021 | Republication for amendments by A2021-12 |
| 20 April 2021 - 22 June 2021 | HTMLPDFWord | R54 | 20 April 2021 | Republication for amendments by A2020-41 |
| 20 February 2021 - 19 April 2021 | HTMLPDFWord | R53 | 20 February 2021 | Republication for amendments by A2021-1 |
| 10 September 2020 - 19 February 2021 | HTMLPDFWord | R52 | 10 September 2020 | Republication for amendments by A2020-42 |
| 6 June 2020 - 9 September 2020 | HTMLPDFWord | R51 | 6 June 2020 | Republication for amendments by A2019-43 |
| 14 May 2020 - 5 June 2020 | HTMLPDFWord | R50 | 14 May 2020 | Republication for amendments by A2020-14 |
| 8 April 2020 - 13 May 2020 | HTMLPDFWord | R49 | 8 April 2020 | Republication for amendments by A2020-11 |
| 2 March 2020 - 7 April 2020 | HTMLPDFWord | R48 | 2 March 2020 | Republication for amendments by A2019-45 |
| 3 December 2019 - 1 March 2020 | HTMLPDFWord | R47 | 3 December 2019 | Republication for amendments by A2019-31 |
| 14 November 2019 - 2 December 2019 | HTMLPDFWord | R46 | 14 November 2019 | Republication for amendments by A2019-42 |
| 1 September 2019 - 13 November 2019 | HTMLPDFWord | R45 | 1 September 2019 | Republication for amendments by A2019-6 |
| 5 December 2018 - 31 August 2019 | HTMLPDFWord | R44 | 5 December 2018 | Republication for amendments by A2018-46 |
| 9 November 2018 - 4 December 2018 | HTMLPDFWord | R43 | 9 November 2018 | Republication for amendments by A2018-43 |
| 1 October 2018 - 8 November 2018 | HTMLPDFWord | R42 | 1 October 2018 | Republication for amendments by A2018-34 |
| 2 March 2018 - 30 September 2018 | HTMLPDFWord | R41 | 2 March 2018 | Republication for amendments by A2018-6 |
| 1 May 2017 - 1 March 2018 | HTMLPDFWord | R40 | 1 May 2017 | Republication for amendments by A2016-42 as amended by A2017-10 |
| 6 April 2017 - 30 April 2017 | HTMLPDFWord | R39 | 6 April 2017 | Republication for amendments by A2017-9 |
| 22 February 2017 - 5 April 2017 | HTMLPDFWord | R38 | 22 February 2017 | Republication for expiry of provisions (ch 13) |
| 21 February 2017 - 21 February 2017 | HTMLPDFWord | R37 | 21 February 2017 | Republication for amendments by A2017-6 |
| 1 September 2016 - 20 February 2017 | HTMLPDFWord | R36 | 1 September 2016 | Republication for amendments by A2016-52 |
| 24 August 2016 - 31 August 2016 | HTMLPDFWord | R35 | 24 August 2016 | Republication for amendments by A2016-48 |
| 2 July 2016 - 23 August 2016 | HTMLPDFWord | R34 | 2 July 2016 | Republication for expiry of transitional provisions (ch 12) |
| 1 July 2016 - 1 July 2016 | HTMLPDFWord | R33 | 1 July 2016 | Republication for amendments by A2016-12 |
| 4 May 2016 - 30 June 2016 | HTMLPDFWord | R32 | 4 May 2016 | Republication for amendments by A2015-40 |
| 1 April 2016 - 3 May 2016 | HTMLPDFWord | R31 | 1 April 2016 | Republication for amendments by A2016-13 |
| 2 March 2016 - 31 March 2016 | HTMLPDFWord | R30 | 2 March 2016 | Republication for amendments by A2016-4 |
| 3 March 2015 - 1 March 2016 | HTMLPDFWord | R29 | 3 March 2015 | Republication for amendments by A2015-3 |
| 5 December 2014 - 2 March 2015 | HTMLPDFWord | R28 | 5 December 2014 | Republication for amendments by A2014-58 |
| 28 February 2014 - 4 December 2014 | HTMLPDFWord | R27 | 28 February 2014 | Republication for expiry of transitional provisions (ch 11) |
| 25 September 2013 - 27 February 2014 | HTMLPDFWord | R26 | 25 September 2013 | Republication for amendments by A2013-36 |
| 14 June 2013 - 24 September 2013 | HTMLPDFWord | R25 | 14 June 2013 | Republication for amendments by A2013-19 |
| 13 June 2013 - 13 June 2013 | HTMLPDFWord | R24 | 13 June 2013 | Republication for amendments by A2012-29 |
| 24 April 2013 - 12 June 2013 | HTMLPDFWord | R23 | 24 April 2013 | Republication for amendments by A2013-12 |
| 13 August 2012 - 23 April 2013 | HTMLPDFWord | R22 | 13 August 2012 | Republication for amendments by A2012-29 |
| 15 December 2011 - 12 August 2012 | HTMLPDFWord | R21 | 15 December 2011 | Republication for amendments by A2011-57 |
| 25 July 2011 - 14 December 2011 | HTMLPDFWord | R20* | 25 July 2011 | Republication for amendments by A2011-13 |
| 1 July 2011 - 24 July 2011 | HTMLPDFWord | R19 | 1 July 2011 | Republication for amendments by A2011-22 |
| 3 June 2011 - 30 June 2011 | HTMLPDFWord | R18 | 3 June 2011 | Republication for expiry of transitional provisions (ch 10) |
| 17 March 2011 - 2 June 2011 | HTMLPDFWord | R17 | 17 March 2011 | Republication for amendments by A2011-7 |
| 28 February 2011 - 16 March 2011 | HTMLPDFWord | R16 | 28 February 2011 | Republication for amendments by A2010-29 and expiry of provision (s 202) |
| 16 August 2010 - 27 February 2011 | HTMLPDFWord | R15 | 16 August 2010 | Republication for amendments by A2010-2 |
| 1 July 2010 - 15 August 2010 | HTMLPDFWord | R14 | 1 July 2010 | Republication for amendments by A2010-21 |
| 25 November 2009 - 30 June 2010 | HTMLPDFWord | R13 | 25 November 2009 | Republication for amendments by A2009-44 |
| 4 September 2009 - 24 November 2009 | HTMLPDFWord | R12 | 4 September 2009 | Republication for amendments by A2009-24 |
| 30 May 2009 - 3 September 2009 | HTMLPDFWord | R11* | 30 May 2009 | Republication for amendments by A2008-44 |
| 30 March 2009 - 29 May 2009 | HTMLPDFWord | R10 | 30 March 2009 | Republication for amendments by A2008-46 |
| 6 March 2009 - 29 March 2009 | HTMLPDFWord | R9 | 6 March 2009 | Republication for amendments by A2009-7 |
| 27 February 2009 - 5 March 2009 | HTMLPDFWord | R8 | 27 February 2009 | |
| 27 October 2008 - 26 February 2009 | HTMLPDFWord | R7 | 27 October 2008 | Republication for amendments by A2008-20 |
| 29 July 2008 - 26 October 2008 | HTMLPDFWord | R6 | 29 July 2008 | Republication for amendments by A2008-22 |
| 3 June 2008 - 28 July 2008 | HTMLPDFWord | R5 | 3 June 2008 | Republication for commenced expiry |
| 20 December 2007 - 2 June 2008 | HTMLPDFWord | R4 | 20 December 2007 | Republication for amendments by A2007-44 |
| 19 December 2007 - 19 December 2007 | HTMLPDFWord | R3 | 19 December 2007 | Republication for commenced expiry |
| 1 August 2007 - 18 December 2007 | HTMLPDFWord | R2 | 1 August 2007 | Republication for amendments by A2007-15 |
| 2 June 2006 - 31 July 2007 | HTMLPDFWord | R1 | 2 June 2006 | Republication for new Act, amendments by A2006-23 and modifications by SL2006-22 as amended by SL2006-25 |
| 2 June 2006 | HTMLPDFWord | As notified | 2 December 2005 |
Bill and Explanatory statement
The bill and explanatory statement for this Act are accessed from Crimes (Sentencing) Bill 2005.
Notification statement
The Crimes (Sentencing) Act 2005 has been passed by the Legislative Assembly and is notified under the Legislation Act 2001.
Notified: 2 December 2005 (Parliamentary Counsel)
Act as notified
| Date notified | Effective | Files/Formats | Notes |
|---|---|---|---|
| 2 December 2005 | 2 June 2006 | HTMLPDFWord |
Commencement
| Provision | Commencement date | Commencement method |
|---|---|---|
| s 1, s 2 | 2 December 2005 | LA s 75 (1) |
| remainder | 2 June 2006 | s 2 and LA s 79 |
Expiries
| Provision | Expiry date | Expiry method |
|---|---|---|
| s 61E | commences 6 June 2025 | s 61E (3) |
| s 80ZQ | commences 3 December 2024 | s 80ZQ (2) |
| s 46C (7)-(9), s 78 (1), note 2 | 29 September 2023 (midnight) | expire on the day A2020-11 expires (s 46C (9)) |
| ch 13 | 21 February 2017 (midnight) | s 207 |
| ch 12 | 1 July 2016 (midnight) | s 205 |
| ch 11 | 27 February 2014 (midnight) | s 203 (1) |
| ch 10 | 2 June 2011 (midnight) | s 147 (1) |
| s 202 | 27 February 2011 (midnight) | s 202 (4) |
| s 143 | 2 June 2008 (midnight) | s 143 (4) |
Amendments
For section-by-section amendment annotations, see the amendment history in the endnotes in the current version of this law.
| Year and number | Amending law | Amending provision | Commencement date |
|---|---|---|---|
| A2019-43 | Crimes (Disrupting Criminal Gangs) Legislation Amendment Act 2019 | pt 5 | 6 June 2020 |
| A2019-45 | Sentencing (Parole Time Credit) Legislation Amendment Act 2019 | pt 3 | 2 March 2020 |
| A2020-11 | COVID-19 Emergency Response Act 2020 | sch 1 pt 1.4 | 8 April 2020 |
| A2020-14 | COVID-19 Emergency Response Legislation Amendment Act 2020 | sch 1 pt 1.9 | 14 May 2020 |
| A2020-41 | Crimes (Offences Against Vulnerable People) Legislation Amendment Act 2020 | pt 3 | 20 April 2021 |
| A2020-42 | Justice Legislation Amendment Act 2020 | pt 10 | 10 September 2020 |
| A2021-1 | COVID-19 Emergency Response Legislation Amendment Act 2021 | sch 1 pt 1.7 | 20 February 2021 |
| A2019-42 | Statute Law Amendment Act 2019 | sch 3 pt 3.9 | 14 November 2019 |
| A2019-31 | Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2019 | pt 6 | 3 December 2019 |
| A2019-6 | Royal Commission Criminal Justice Legislation Amendment Act 2019 | pt 4 | 1 September 2019 |
| A2018-46 | Royal Commission Criminal Justice Legislation Amendment Act 2018 | pt 3, sch 1 pt 1.3 | 5 December 2018 |
| A2018-43 | Sentencing Legislation Amendment Act 2018 | pt 3 | 9 November 2018 |
| A2018-34 | Crimes (Restorative Justice) Amendment Act 2018 | sch 1 | 1 October 2018 |
| A2018-6 | Crimes Legislation Amendment Act 2018 | pt 3 | 2 March 2018 |
| A2017-9 | Crimes Legislation Amendment Act 2017 (No 2) | pt 4 | 6 April 2017 |
| A2017-6 | Crimes Legislation Amendment Act 2017 | pt 3 | 21 February 2017 |
| A2016-52 | Public Sector Management Amendment Act 2016 | sch 1 pt 1.19 | 1 September 2016 |
| A2016-48 | Crimes (Serious and Organised Crime) Legislation Amendment Act 2016 | pt 7 | 24 August 2016 |
| A2016-42 | Family Violence Act 2016 | sch 2 pt 2.3, sch 3 pt 3.8 | 1 May 2017 |
| A2016-13 | Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) | sch 1 pt 1.16 | 1 April 2016 |
| A2016-12 | Victims of Crime (Financial Assistance) Act 2016 | sch 3 pt 3.2 | 1 July 2016 |
| A2016-4 | Crimes (Sentencing and Restorative Justice) Amendment Act 2016 | pt 2 | 2 March 2016 |
| A2015-40 | Crimes (Domestic and Family Violence) Legislation Amendment Act 2015 | sch 1 pt 1.7 | 4 May 2016 |
| A2015-3 | Crimes Legislation Amendment Act 2015 | pt 6 | 3 March 2015 |
| A2014-58 | Crimes (Sentencing) Amendment Act 2014 | ss 4-11 | 5 December 2014 |
| A2013-36 | Crimes (Sentencing) Amendment Act 2013 | ss 4-7 | 25 September 2013 |
| A2013-19 | Statute Law Amendment Act 2013 | sch 3 pt 3.9 | 14 June 2013 |
| A2013-12 | Crimes Legislation Amendment Act 2013 | pt 4 | 24 April 2013 |
| A2012-29 | Courts Legislation Amendment Act 2012 | amdt 1.3 | 13 June 2013 |
| A2012-29 | Courts Legislation Amendment Act 2012 | amdt 1.1, amdt 1.2, amdt 1.4 | 13 August 2012 |
| A2011-22 | Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 | sch 1 pt 1.46 | 1 July 2011 |
| A2011-13 | Courts Legislation Amendment Act 2011 | sch 1 pt 1.3 | 25 July 2011 |
| A2011-7 | Crimes Legislation Amendment Act 2011 | pt 3 | 17 March 2011 |
| A2010-29 | Victims of Crime Amendment Act 2010 | sch 1 pt 1.1 | 28 February 2011 |
| A2010-21 | Crimes (Sentence Administration) Amendment Act 2010 | sch 1 pt 1.4 | 1 July 2010 |
| A2010-2 | Health Legislation Amendment Act 2010 | sch 1 pt 1.3 | 16 August 2010 |
| A2009-44 | Justice and Community Safety Legislation Amendment Act 2009 (No 3) | sch 1 pt 1.6 | 25 November 2009 |
| A2009-24 | Crimes Legislation Amendment Act 2009 | sch 1 pt 1.5 | 4 September 2009 |
| A2009-7 | Justice and Community Safety Legislation Amendment Act 2009 | sch 1 pt 1.4 | 6 March 2009 |
| A2008-46 | Domestic Violence and Protection Orders Act 2008 | sch 3 pt 3.6 | 30 March 2009 |
| A2008-44 | Crimes Legislation Amendment Act 2008 | sch 1 pt 1.5 | 30 May 2009 |
| A2008-22 | Justice and Community Safety Legislation Amendment Act 2008 (No 2) | sch 1 pt 1.4 | 29 July 2008 |
| A2008-20 | Children and Young People (Consequential Amendments) Act 2008 | sch 1 pt 1.4, sch 4 pt 4.12 | 27 February 2009 |
| A2008-20 | Children and Young People (Consequential Amendments) Act 2008 | sch 3 pt 3.10 | 27 October 2008 |
| A2008-19 | Children and Young People Act 2008 | sch 1 pt 1.5 | 27 February 2009 |
| A2007-44 | Victims of Crime Amendment Act 2007 | sch 1 pt 1.1 | 20 December 2007 |
| A2007-15 | Corrections Management Act 2007 | sch 1 pt 1.2 | 1 August 2007 |
| A2006-23 | Sentencing Legislation Amendment Act 2006 | sch 1 pt 1.11 | 2 June 2006 |
| A2021-12 | Statute Law Amendment Act 2021 | sch 3 pt 3.8 | 23 June 2021 |
| A2021-18 | Crimes Legislation Amendment Act 2021 (No 2) | pt 3 | 12 August 2021 |
| A2021-24 | Operational Efficiencies (COVID-19) Legislation Amendment Act 2021 | pt 7 | 14 October 2021 |
| A2011-57 | Corrections and Sentencing Legislation Amendment Act 2011 | pt 4 | 15 December 2011 |
| A2022-13 | Family Violence Legislation Amendment Act 2022 | pt 3 | 17 August 2022 |
| A2023-33 | Crimes Legislation Amendment Act 2023 | pt 4, sch 2 pt 2.5 | 13 September 2023 |
| A2023-40 | Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2023 | pt 3 | 9 November 2023 |
| A2023-42 | Justice and Community Safety Legislation Amendment Act 2023 (No 2) | pt 5 | 9 November 2023 |
| A2023-45 | Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 | pt 5 | 22 November 2023 |
| A2023-45 | Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 | sch 1 pt 1.3 | awaiting commencement |
Modifications
| Year and number | Modifying law | Modifying provision | Commencement date | End date |
|---|---|---|---|---|
| SL2006-22 |
Crimes (Sentencing) Regulation 2006, as amended by:
|
s 3 | 2 June 2006 | 18 December 2007 (midnight) |