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(a) (Repealed by No 67 of 2018)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 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.

(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  • (a) (Repealed by No 153 of 2015)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 19AR(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.



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