Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 5 - Conditional release on parole or licence  

Subdivision D - Discharge without conviction, conditional release and sentencing alternatives  

SECTION 20AB   Additional sentencing alternatives  

(1)    

A court may pass a sentence, or make an order, in respect of a person convicted before the court in a participating State or participating Territory of a federal offence, if:

(a) subsection (1AA) applies to the sentence or order; and

(b) under the law of the State or Territory, a court is empowered to pass such a sentence, or make such an order, in respect of a State or Territory offender in corresponding cases; and

(c) the first-mentioned court is:

(i) empowered as mentioned in paragraph (b); or

(ii) a federal court.

(1AA)    

This subsection applies to a sentence or order that is:

(a) known as any of the following:

(i) an attendance centre order or attendance order;

(ii) a community based order;

(iii) a community correction order;

(iv) a community custody order;

(v) a community service order;

(vi) a community work order;

(vii) a drug or alcohol treatment order or rehabilitation order;

(viia) a residential treatment order;

(viii) a good behaviour order;

(ix) an intensive correction order;

(x) an intensive supervision order;

(xi) a sentence of periodic detention or a periodic detention order;

(xii) a sentence of weekend detention or a weekend detention order;

(xiii) a work order; or

(b) similar to a sentence or order to which paragraph (a) applies; or

(c) prescribed for the purposes of this subsection.

(1A)    

Where the law of a participating State or a participating Territory requires that before passing a sentence, or making an order, of the kind referred to in paragraph (1)(b) a court must first pass another sentence or make another order (whether or not that other sentence or other order is suspended upon the making of the first-mentioned sentence or order), then, a court is not required, before passing or making that first-mentioned sentence or order in respect of a person convicted by that court for a federal offence, to pass that other sentence or make that other order.

(1B)    
A court is not precluded from passing a sentence, or making an order, under subsection (1) only because the court is empowered under section 20AC , in relation to a person who has failed to comply with such a sentence or order, to take action that is, or may be, inconsistent with action that, under the law of a participating State or participating Territory, a court of that State or Territory is empowered to take for such a failure by a State or Territory offender.

(2)    
Where a court proposes to pass a sentence, or make an order, under subsection (1), it shall, before passing the sentence or making the order, explain or cause to be explained to the person in respect of whom it is proposed to pass the sentence or make the order, in language likely to be readily understood by him:

(a) the purpose and effect of the proposed sentence or order;

(b) the consequences that may follow if he or she fails, without reasonable cause or excuse, to comply with the proposed sentence or order or with any requirements made in relation to the proposed sentence or order by or under the provisions of the laws of the relevant State or Territory that will apply in relation to the proposed sentence or order by virtue of subsection (3); and

(c) if the proposed sentence or order may be revoked or varied under those provisions - that the proposed sentence or order may be so revoked or varied.

(3)    
Where a sentence or order referred to in subsection (1) is passed or made under that subsection in respect of a person convicted in a State or Territory of a federal offence, the provisions of the laws of the State or Territory with respect to such a sentence or order that is passed or made under those laws shall, so far as those provisions are capable of application and are not inconsistent with the laws of the Commonwealth, apply, by virtue of this subsection, to and in relation to the sentence or order passed or made under subsection (1).

(4)    
Where a court passes a sentence, or makes an order, under subsection (1) in respect of a person convicted of an offence against the law of the Commonwealth, the court may also do all or any of the following:

(a) impose any fine or other pecuniary penalty that the court is empowered to impose on the person for the offence;

(b) make any order requiring the person to make reparation or restitution, or pay compensation, in respect of the offence that the court is empowered to make;

(c) make any other order that the court is empowered to make.

(5)    
Where a court passes a sentence, or makes an order, under subsection (1) in respect of a person, the court shall, as soon as practicable, cause the sentence or order to be reduced to writing and a copy of the sentence or order to be given to, or served on, the person.

(6)    

Subsection (1) does not permit a court (including a federal court) to pass a sentence, or make an order, that involves detention or imprisonment, in respect of the conviction of a person before the court of a minimum non-parole offence mentioned in section 19AG .

Note:

If the court sentences the person to imprisonment for the minimum non-parole offence, it must fix a non-parole period under section 19AG .