CRIMES ACT 1914
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(a) (Repealed by No 67 of 2018)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 of the Criminal Code ;
(d) an offence against subsection 91.1(1) or 91.2(1) of the Criminal Code .
A sentence for a minimum non-parole offence is a federal sentence, because such an offence is a federal offence.
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.
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.
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.
Sections 19AB , 19AC , 19AD , 19AE and 19AR have effect subject to this section.
The effects of this include preventing a court from: