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 19AC   When court must fix a recognizance release order  

(1)    

Subject to subsections (3) and (4) , where:

(a)    a person is convicted of a federal offence, or of 2 or more federal offences at the same sitting; and

(b)    the court imposes on the person a federal sentence that does not exceed, or federal sentences that, in the aggregate, do not exceed, 3 years; and

(c)    at the time the sentence or sentences are imposed the person is not already serving or subject to a federal sentence;

the court must make a single recognizance release order in respect of that sentence or those sentences and must not fix a non-parole period.

(2)    

Subject to subsections (3) and (4) , where:

(a)    while a person is in prison and is serving or subject to a federal sentence, a further federal sentence is imposed on the person; and

(b)    the result is that the person is to serve or to complete federal sentences the unserved portions of which do not exceed, in the aggregate, 3 years; and

(c)    at the time the further federal sentence is imposed, the person is not already subject to a recognizance release order in respect of a federal sentence;

the court imposing the further sentence must make a single recognizance release order in respect of all federal sentences to be served or completed by the person and must not fix a non-parole period.

(3)    
Where:

(a)    the federal sentence or federal sentences referred to in paragraph (1)(b) ; or

(b)    the unserved portions of the federal sentences referred to in paragraph (2)(b) ;

in the aggregate, do not exceed 6 months, the court is not required to make a recognizance release order.

(4)    

A court may decline to make a recognizance release order in respect of a person if:

(a)    the court is satisfied that such an order is not appropriate, having regard to:

(i) the nature and circumstances of the offence or offences concerned; and

(ii) the antecedents of the person; or

(b)    

the person is expected to be serving a State or Territory sentence on the day after the end of the federal sentence, or the last to be served of the federal sentences.

(5)    

If the court declines to make a recognizance release order, the court must:

(a)    state its reasons for so declining; and

(b)    cause the reasons to be entered in the records of the court.