CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 1 - Interpretation  

SECTION 16   Interpretation  

16(1)  


In this Part, unless the contrary intention appears:

aggregate
, in relation to 2 or more sentences or terms of imprisonment, or in relation to the unserved portions of such sentences or terms, means the total effective sentence or term of imprisonment imposed, or remaining unserved, as the case may be, having regard to whether the sentences or terms are to be served cumulatively, partly cumulatively or concurrently.

Examples demonstrating meaning of aggregate

Example 1: The aggregate of 3 sentences, each of 2 years, to be served concurrently, is 2 years.

Example 2: The aggregate of 3 sentences, each of 2 years, where 2 sentences are to be served concurrently and one is to be served cumulatively, is 4 years.

Example 3: The aggregate of a one year unserved portion of a sentence, a 2 year unserved portion of another sentence, to be served concurrently with the first sentence, and a 2 year sentence to be served cumulatively, is 4 years.

Australian travel document
has the same meaning as in the Australian Passports Act 2005 .

family
has a meaning affected by subsection 16A(4).

federal court
(Repealed by No 106 of 2009)

federal offence
means an offence against the law of the Commonwealth.

federal offender
means a person convicted of a federal offence.

federal sentence
means a sentence imposed for a federal offence.

fit to be tried
includes fit to plead.

harm
includes:


(a) physical, psychological and emotional suffering; and


(b) economic and other loss; and


(c) damage.

law
, in relation to the Commonwealth, a State or a Territory, includes the common law, and any Imperial Act or order, that comprises a part of that law.

licence
means a licence granted under section 19AP .

licence period
, for a person who is released on licence for a federal sentence, means the period starting on the day of release on licence and ending:


(a) if a recognizance release order has been made for the federal sentence - at the end of the day before the person is eligible for release in accordance with the recognizance release order; and


(b) in any other case:


(i) at the end of the last day of any federal sentence that is, on the day of the release, being served or to be served (after deducting any remission or reduction that is applicable); or

(ii) if the person has been given a federal life sentence - at the end of the day specified in the licence as the day on which the licence period ends.

maximum penalty
, in relation to an offence at common law, means imprisonment for life.

non-parole period
, in relation to a sentence or sentences of imprisonment, means that part of the period of imprisonment for that sentence or those sentences during which the person is not to be released on parole, whether that part of the period is fixed or recommended by a court or fixed by operation of law.

offence
means a federal offence, a State offence or a Territory offence.

offender
means a federal offender, a State offender or a Territory offender.

parole
includes probation.

parole officer
means:


(a) an officer of a State, the Australian Capital Territory or the Northern Territory in respect of whom there applies:


(i) an arrangement in force under paragraph 21F(1)(b) ; or

(ii) an arrangement having a substantially similar effect in force under section 3B ; or


(b) a person appointed or engaged under the Public Service Act 1999 in respect of whom an appointment under subsection 21F(3) is in force.

parole order
means an order made under subsection 19AL(1) or (2) directing that a person be released from prison on parole.

parole period
, for a person for whom a parole order has been made, has the meaning given by section 19AMA .

pre-release period
, in relation to a recognizance release order made in respect of a federal sentence or sentences, means the period of imprisonment specified in that order as the period of imprisonment in respect of that sentence or those sentences after service of which the offender may be released on the giving of security in accordance with that order.

prescribed authority
means:


(a) a person who holds office as a Magistrate of a State, the Australian Capital Territory or the Northern Territory and in respect of whom an arrangement in force under paragraph 21F(1)(a) is applicable; or


(b) a person who holds office as a Magistrate of a Territory (other than the Australian Capital Territory or the Northern Territory); or


(c) unless an arrangement has been entered into under paragraph 21F(1)(a) in respect of persons holding office as Magistrates of the Australian Capital Territory - a person who holds office as a Magistrate of the Australian Capital Territory.

prison
includes gaol, lock-up or other place of detention.

recognizance release order
means an order made under paragraph 20(1)(b) .

released on licence
means released from prison under section 19AP .

released on parole
means released from prison under a parole order in accordance with section 19AM .

sentence
, in sections 16B to 19AZD , means a sentence of imprisonment.

State
includes the Australian Capital Territory and the Northern Territory.

State offence
means an offence against the law of a State.

State offender
means a person convicted of a State offence.

State sentence
means a sentence imposed for a State offence.

supervision period
, in relation to a person who is released on parole or on licence, means the period:


(a) starting when the person is released from prison on parole or licence; and


(b) ending at the earlier of the following times:


(i) the end of the person ' s parole period or licence period;

(ii) if the parole order or licence specifies an earlier time at which the supervision period is to end - that earlier time.

Territory
does not include the Australian Capital Territory or the Northern Territory.

Territory offence
means an offence against the law of a Territory.

Territory offender
means a person convicted of a Territory offence.

Territory sentence
means a sentence imposed for a Territory offence.

unfit to be tried
includes unfit to plead.

victim impact statement
has the meaning given by section 16AAA.

16(2)  
In this Part, expressions in the plural do not imply that expressions in the singular do not include the plural.




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