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

S 19AA repealed by No 129 of 2021, s 3 and Sch 1 item 2, effective 9 December 2021. No 129 of 2021, s 3 and Sch 1 item 11 contain the following application provisions:

11 Application provisions  
Scope

(1)
This item applies if, immediately before the commencement of this item:
(a) a person had served, or was serving, a federal sentence in a prison of a State or Territory; and
(b) a law of the State or Territory provides, or provided, for the remission or reduction (however described) of State or Territory sentences being served in a prison of the State or Territory; and
(c) as a result of:

(i) the law mentioned in paragraph (b); and

(ii) subsection 19AA(1) of the Crimes Act 1914 (as in force immediately before the commencement of this item);

there was a remission or reduction (the pre-commencement remission or reduction ) of the federal sentence.

Application - federal sentences that had been served before commencement

(2)
If, before the commencement of this item, the person had served the federal sentence, then, despite the amendments of Part IB of the Crimes Act 1914 made by this Schedule, that Part continues to apply, in relation to the pre-commencement remission or reduction of the federal sentence, as if those amendments had not been made.

Application - federal sentences that were being served immediately before commencement (laws of a kind mentioned in subsection 19AA(2) of the Crimes Act 1914)

(3)
If, immediately before the commencement of this item:
(a) the person was serving the federal sentence; and
(b) the law mentioned in paragraph (1)(b) is, or was, a law of a kind mentioned in subsection 19AA(2) of the Crimes Act 1914 (as in force immediately before the commencement of this item);

then, despite the amendments of Part IB of the Crimes Act 1914 made by this Schedule, that Part continues to apply, in relation to the pre-commencement remission or reduction of the federal sentence, as if those amendments had not been made.

Application - federal sentences that were being served immediately before commencement (laws of a kind not mentioned in subsection 19AA(2) of the Crimes Act 1914)

(4)
If, immediately before the commencement of this item:
(a) the person was serving the federal sentence; and
(b) the law mentioned in paragraph (1)(b) is not, or was not, a law of a kind mentioned in subsection 19AA(2) of the Crimes Act 1914 (as in force immediately before the commencement of this item);

then:

(c) the amendments of Part IB of the Crimes Act 1914 made by this Schedule apply in relation to the pre-commencement remission or reduction of the federal sentence; and
(d) the pre-commencement remission or reduction of the federal sentence is taken to be of no effect.

S 19AA formerly read:

SECTION 19AA Remissions and reductions of sentences  
(1)
A law of a State or Territory that provides for the remission or reduction of State or Territory sentences applies in the same way to the remission or reduction of a federal sentence in a prison of that State or Territory.

 View history note

 Hide history note

History

S 19AA(1) substituted by No 153 of 2015, s 3 and Sch 7 item 8, applicable in relation to a federal sentence imposed on or after 27 November 2015. S 19AA(1) formerly read:

(1)
A law of a State or Territory that provides for the remission or reduction of State or Territory sentences (other than such part of the law as relates to the remission or reduction of non-parole periods of imprisonment or of periods of imprisonment equivalent to pre-release periods of imprisonment in respect of recognizance release orders) applies in the same way to the remission or reduction of a federal sentence in a prison of that State or Territory, being a sentence imposed after the commencement of this section.

(1A)
However, the law does not remit or reduce the non-parole period or pre-release period in respect of the federal sentence (except as provided for by subsection (4)).

 View history note

 Hide history note

History

S 19AA(1A) inserted by No 153 of 2015, s 3 and Sch 7 item 8, applicable in relation to a federal sentence imposed on or after 27 November 2015.

(2)
Where a law of a State or Territory provides that a person is to be taken to be serving a State or Territory sentence during the period from the time of release under a parole order or licence (however called) until the parole order or licence is revoked, the law:

(a) is, for the purposes of subsection (1), to be taken to be providing for the remission or reduction of sentences; and

(b) applies to any calculation of the part of a federal sentence remaining to be served at the time of a federal offender's release under a federal parole order or licence as if the sentence were a State or Territory sentence.

 View history note

 Hide history note

History

S 19AA(2) amended by No 70 of 2020, s 3 and Sch 13 item 1, by omitting " , or is taken to be, " before " revoked, the law: " , 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).

(3)
If a prescribed authority is fixing a non-parole period under section 19AW in respect of a federal offender:

(a) who is released on parole or licence; and

(b) whose parole order or licence has subsequently been revoked under section 19AU ; and

(c) who does not get the benefit of subsection (2) in calculating the part of any federal sentence of imprisonment remaining to be served at the time of release;

the prescribed authority must have regard to the period of time spent by the person on parole or licence before that parole order or licence was revoked.

 View history note

 Hide history note

History

S 19AA(3) substituted by No 70 of 2020, s 3 and Sch 13 item 2, applicable in relation to fixing, on or after 20 July 2020, a non-parole period in respect of a sentence (whether the sentence was imposed before, on or after 20 July 2020). S 19AA(3) formerly read:

(3)
Where a federal offender who is released on parole or licence and whose parole order or licence has subsequently been revoked does not get the benefit of subsection (2) in calculating the part of any federal sentence of imprisonment remaining to be served at the time of release:

(a) a court fixing a new non-parole period in respect of such a person under section 19AR; or

(b) a prescribed authority fixing a non-parole period in respect of such a person under section 19AW;

must have regard to the period of time spent by the person on parole or licence before that parole order or licence is revoked or is to be taken to have been revoked.

(4)
A law of a State or Territory that provides for the remission or reduction, by reason of industrial action taken by prison warders, of the non-parole period of a State or Territory sentence applies in the same way to the remission or reduction:

(a) of a federal non-parole period to be served in a prison in that State or Territory; and

(b) of a federal pre-release period to be served in that State or Territory.