Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.2 - Espionage and related offences  

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History

Pt 5.2 heading substituted by No 67 of 2018, s 3 and Sch 1 item 9, effective 30 June 2018. The heading formerly read:

Part 5.2 - Offences relating to espionage and similar activities

Division 91 - Espionage  

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History

Div 91 heading substituted by No 67 of 2018, s 3 and Sch 1 item 17, effective 30 June 2018. The heading formerly read:

Division 91 - Offences relating to espionage and similar activities

Subdivision A - Espionage  

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History

Subdiv A heading inserted by No 67 of 2018, s 3 and Sch 1 item 17, effective 30 June 2018.

SECTION 91.5   Matters affecting sentencing for offence against subsection 91.1(1)  

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(1)    
In determining the sentence to be passed in respect of a person for an offence against subsection 91.1(1) (punishable by life imprisonment), the court must take into account any circumstances set out in paragraph 91.6(1)(b) that exist in relation to the commission of the offence.

(2)    
However, the court need only take the circumstances into account so far as the circumstances are known to the court and relevant.

(3)    
The circumstances are in addition to any other matters the court must take into account (for example, the matters mentioned in section 16A of the Crimes Act 1914 ).

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History

S 91.5 inserted by No 67 of 2018, s 3 and Sch 1 item 17, effective 30 June 2018.

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