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 19AH   Failure to fix non-parole period or make recognizance release order  

Where a court fails to fix, or properly to fix, a non-parole period, or to make, or properly to make, a recognizance release order, under this Act:

(a) that failure does not affect the validity of any sentence imposed on a person; and

(b) the court must, at any time, on application by the Attorney-General, the Director of Public Prosecutions or the person, by order, set aside any non-parole period or recognizance release order that was not properly fixed or made and fix a non-parole period or make a recognizance release order under this Act.

A court shall not, for the purposes of subsection (1), be taken to have failed to fix a non-parole period in respect of a sentence or sentences in respect of which it has made a recognizance release order or to have failed to make a recognizance release order in respect of a sentence or sentences in respect of which it has fixed a non-parole period.

Application under subsection (1) to the court that has sentenced a person may be dealt with by that court whether or not it is constituted in the way in which it was constituted when the person was sentenced.

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.