Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 4 - The fixing of non-parole periods and the making of recognizance release orders  

SECTION 19AG   Non-parole periods for sentences for certain offences  

(1)    
This section applies if a person is convicted of one of the following offences (each of which is a minimum non-parole offence ) and a court imposes a sentence for the offence:

(a) (Repealed by No 67 of 2018)

(b)    a terrorism offence;

(c)    

an offence against Division 80 (other than Subdivision CA ) of the Criminal Code ;

(d)    

an offence against subsection 91.1(1) or 91.2(1) of the Criminal Code .

Note:

A sentence for a minimum non-parole offence is a federal sentence, because such an offence is a federal offence.

(2)    
The court must fix a single non-parole period of at least ¾ of:

(a)    the sentence for the minimum non-parole offence; or

(b)    if 2 or more sentences have been imposed on the person for minimum non-parole offences - the aggregate of those sentences.

The non-parole period is in respect of all federal sentences the person is to serve or complete.

(3)    
For the purposes of subsection (2) :

(a)    a sentence of imprisonment for life for a minimum non-parole offence is taken to be a sentence of imprisonment for 30 years for the offence; and

(b)    it does not matter:

(i) whether or not the sentences mentioned in that subsection were imposed at the same sitting; or

(ii) whether or not the convictions giving rise to those sentences were at the same sitting; or

(iii) whether or not all the federal sentences mentioned in that subsection are for minimum non-parole offences.

(4)    
If the person was subject to a recognizance release order, the non-parole period supersedes the order.

Fixing non-parole periods for persons under 18 years of age

(4A)    

In imposing a sentence for an offence covered by this section on a person who is under 18 years of age, the court must comply with subsection (2) unless the court is satisfied that exceptional circumstances exist to justify fixing a shorter single non-parole period.

(4B)    

In determining whether exceptional circumstances exist to justify fixing a shorter single non-parole period in relation to the person, without limiting the matters the court may have regard to, the court must have regard to:

(a)    the protection of the community as the paramount consideration; and

(b)    the best interests of the person as a primary consideration.

Relationship with sections 19AB, 19AC, 19AD, 19AE and 19AR

(5)    
Sections 19AB , 19AC , 19AD , 19AE and 19AR have effect subject to this section.

Note:

The effects of this include preventing a court from:

(a) (Repealed by No 153 of 2015)

(b) confirming (under paragraph 19AD(2)(d) ) a pre-existing non-parole period; or

(c) confirming (under paragraph 19AE(2)(d) ) a recognizance release order; or

(ca) making a recognizance release order under paragraph 19AE(2)(e) ; or

(d) declining (under subsection 19AB(3) or 19AC(1) or (2) or paragraph 19AD(2)(f) ) to fix a non-parole period.