Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) The summary authority must deal with the reopened proceedings:
(a) on the papers; and
(b) without holding a hearing; and
(c) by considering the record of the relevant proceedings and the request from the reviewing authority.
(2) The summary authority must have regard to:
(a) the material facts presented by the prosecuting officer in relation to action taken in the relevant proceedings; and
(b) the submissions and evidence of the accused, including:
(i) the pre‑sentence report; and
(ii) any material offered in mitigation, relating to action taken in the relevant proceedings; and
(iii) any part of the sentence which has already been served; and
(c) the reasons given in the relevant proceedings by the original summary authority for the imposition of any punishment or the making of any order.
Note In taking action in accordance with subsection 153A (3) of the Act, the summary authority dealing with the reopened proceedings must, in complying with and applying the sentencing principles in section 70 of the Act, be aware of and take into account the cumulative effect of all punishments and orders imposed or made at the relevant proceedings and as a result of dealing with reopened proceedings. The summary authority must also take into account part of a sentence that has been served.
(3) If:
(a) a combination of punishments is imposed in respect of a conviction; and
(b) the request from the reviewing authority identifies 1 or more of the punishments as being beyond the power of the summary authority;
each of the punishments imposed in respect of the conviction is subject to amendment by the summary authority, in accordance with section 153A of the Act, in dealing with the reopened proceedings.
Note 1 The definition of punishment in subsection 3 (1) of the Act includes a combination of punishments.
Note 2 The punishments imposed in relation to a relevant conviction are able to be amended in accordance with paragraph 153A (3) (a) of the Act. Subsection 3 (8) of the Act also affects the comparison of combinations of punishments.
(4) If:
(a) a reparation order and 1 or more punishments are imposed in respect of a conviction; and
(b) only the reparation order is identified in the request as being beyond the power of the summary authority;
only the reparation order is subject to amendment by the summary authority, in accordance with section 153A of the Act, in dealing with the reopened proceedings.
Note The summary authority will not have power to amend the punishment or the combination of punishments in respect of the conviction.
(5) If:
(a) a reparation order and 1 or more punishments are imposed in respect of a conviction; and
(b) only the punishment, or some or all of the punishments, are identified in the request as being beyond the power of the summary authority;
only the punishment (or combination of punishments) is subject to amendment by the summary authority, in accordance with section 153A of the Act, in dealing with the reopened proceedings.
Note The summary authority will not have power to amend the reparation order.
(6) If a reviewing authority requests a summary authority to reopen proceedings because the sum of reparation orders made by the summary authority in the relevant proceedings is beyond the power of the summary authority, the summary authority may amend 1 or more of the reparation orders, in accordance with section 153A of the Act, in order to bring the sum of the orders within the power of the summary authority.
Note The summary authority will not have power to amend any other punishments imposed in respect of the conviction or convictions.
(7) For the purpose of complying with the request by the reviewing authority, and taking the action required by subsection 153A (3) of the Act, the summary authority must comply with Part IV of the Act.
Note Without limiting the operation of Part IV of the Act, the summary authority must only impose a punishment (or a combination of punishments) in relation to the affected conviction in accordance with the applicable table of Schedule 3 to the Act.
The summary authority is limited to imposing a 'less severe' punishment (or combination of punishments), and must therefore have regard to subsection 3 (8) of the Act, if combinations of punishments are considered and require comparison.
Also, the summary authority is limited by section 84 of the Act in relation to the sum of reparation orders imposed by the summary authority in the relevant proceedings, and in dealing with reopened proceedings. The summary authority is also required to apply the sentencing principles in section 70 of the Act.
(8) In dealing with reopened proceedings, the summary authority has the same powers to impose punishment as were available to the original summary authority in the relevant proceedings.
Note The summary authority may choose elective punishments if the convicted person had made an election in the relevant proceedings to be tried by a summary authority. The summary authority is required to have the same jurisdiction (which includes punishment jurisdiction) as the original summary authority.