Crimes Act 1914

Part IB (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 9, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:

Part 1B - Sentencing, imprisonment and release of federal offenders

Subdiv B heading inserted by No 153 of 2015, s 3 and Sch 7 item 21, applicable to a decision under section 19AL made on or after 27 November 2015.

S 19AR(1) substituted by No 70 of 2020, s 3 and Sch 13 item 7, applicable in relation to the revocation, on or after 20 July 2020, of a parole order or licence relating to a sentence that was imposed on a person (whether the sentence was imposed before, on or after 20 July 2020). S 19AR(1) formerly read:

(1)
Where:

(a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

(b) the person is later sentenced to life imprisonment or to a term of imprisonment of, or terms of imprisonment aggregating, more than 3 years in respect of a federal offence or federal offences committed during the parole period or licence period; and

(c) under section 19AQ, because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the new sentence or sentences ):

(i) the parole order or licence is to be taken to have been revoked; and

(ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the outstanding sentence or sentences ) that the person had not served at the time of release;

the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the new sentence or sentences and the outstanding sentence or sentences having regard to the total period of imprisonment that the person is liable to serve.

S 19AR(2) repealed by No 70 of 2020, s 3 and Sch 13 item 7, applicable in relation to the revocation, on or after 20 July 2020, of a parole order or licence relating to a sentence that was imposed on a person (whether the sentence was imposed before, on or after 20 July 2020). S 19AR(2) formerly read:

(2)
Where:

(a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

(b) the person is later sentenced to a term of imprisonment of, or terms of imprisonment aggregating, 3 years or less in respect of a federal offence or federal offences committed during the parole period or licence period; and

(c) under section 19AQ, because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the new sentence or sentences ):

(i) the parole order or licence is to be taken to have been revoked; and

(ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the outstanding sentence or sentences ) that the person had not served at the time of release;

then:

(d) if one of the outstanding sentences is a sentence of life imprisonment or the new sentence or sentences and the unserved part of the outstanding sentence or sentences aggregate more than 3 years - the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the new sentence or sentences and the outstanding sentence or sentences; and

(e) if the new sentence or sentences and the unserved part of the outstanding sentence or sentences aggregate 3 years or less - the court imposing the new sentence or sentences must not fix a non-parole period but may make a recognizance release order in respect of the new sentence or sentences and the outstanding sentence or sentences;

and, in doing so, the court must have regard to the total period of imprisonment that the person is liable to serve.

S 19AR(3) substituted by No 70 of 2020, s 3 and Sch 13 item 8, applicable in relation to the revocation, on or after 20 July 2020, of a parole order or licence relating to a sentence that was imposed on a person (whether the sentence was imposed before, on or after 20 July 2020). S 19AR(3) formerly read:

(3)
Where:

(a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

(b) the person is later sentenced to a term or terms of imprisonment in respect of one or more State or Territory offences committed during the parole period or licence period; and

(c) under section 19AQ, because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the new sentence or sentences ):

(i) the parole order or licence is to be taken to have been revoked; and

(ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the outstanding sentence or sentences ) that the person had not served at the time of release;

then:

(d) if one of the outstanding sentences is a life sentence or the unserved part of the outstanding sentence or sentences is or aggregates more than 3 years - the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the outstanding sentence or sentences; and

(e) if the unserved part of the outstanding sentence or sentences is or aggregates 3 years or less - the court imposing the new sentence or sentences must not fix a non-parole period but may make a recognizance release order in respect of the outstanding sentence or sentences.

S 19AR(4) amended by No 129 of 2021, s 3 and Sch 1 item 8, by omitting " , as reduced by any remissions or reductions under section 19AA " after " the federal sentences " from para (b), effective 9 December 2021. For application provisions, see note under s 19AA .

S 19AR(4) substituted by No 70 of 2020, s 3 and Sch 13 item 9, applicable in relation to the revocation, on or after 20 July 2020, of a parole order or licence relating to a sentence that was imposed on a person (whether the sentence was imposed before, on or after 20 July 2020). S 19AR(4) formerly read:

(4)
Where, but for this subsection, the court would be required by subsection (1), (2) or (3) to fix a non-parole period, the court is not required to do so if it is satisfied, having regard to the nature and circumstances of the offence or offences concerned and to the antecedents of the offender, that it is not appropriate to do so.

S 19AR(5) amended by No 70 of 2020, s 3 and Sch 13 item 10, by substituting " to fix a non-parole period " for " either to fix a non-parole period, or to make a recognizance release order " , applicable in relation to the revocation, on or after 20 July 2020, of a parole order or licence relating to a sentence that was imposed on a person (whether the sentence was imposed before, on or after 20 July 2020).

S 19AR(6) amended by No 70 of 2020, s 3 and Sch 13 items 11 and 12, by omitting " or the making of recognizance release orders " after " non-parole periods " and " or the making of such orders " after " such periods " , applicable in relation to the revocation, on or after 20 July 2020, of a parole order or licence relating to a sentence that was imposed on a person (whether the sentence was imposed before, on or after 20 July 2020).

S 19AR(6) amended by No 141 of 2002, s 3 and Sch 1 item 3, by omitting " 19AG, " after " 19AF, " , effective 16 January 2003. The amendment made by item 3 applies to any sentence imposed after the commencement of the item, whether or not the offence concerned was committed before that commencement.

S 19AR(7) amended by No 70 of 2020, s 3 and Sch 13 items 13 and 14, by omitting " or the failure to make, or properly to make, recognizance release orders " after " non-parole periods " and " or the making of such orders " after " such periods " , applicable in relation to the revocation, on or after 20 July 2020, of a parole order or licence relating to a sentence that was imposed on a person (whether the sentence was imposed before, on or after 20 July 2020).