Anti-terrorism Act 2004 (104 of 2004)

Schedule 1   Amendments

Crimes Act 1914

1C   After section 19AF

Insert:

19AG Non-parole periods for sentences for certain offences

(1) This section applies if a person is convicted of one of the following offences (each of which is a minimum non-parole offence ) and a court imposes a sentence for the offence:

(a) an offence against section 24AA;

(b) a terrorism offence;

(c) an offence against Division 80 or 91 of the Criminal Code.

Note: A sentence for a minimum non-parole offence is a federal sentence, because such an offence is a federal offence.

(2) The court must fix a single non-parole period of at least 3/4 of:

(a) the sentence for the minimum non-parole offence; or

(b) if 2 or more sentences have been imposed on the person for minimum non-parole offences - the aggregate of those sentences.

The non-parole period is in respect of all federal sentences the person is to serve or complete.

(3) For the purposes of subsection (2):

(a) a sentence of imprisonment for life for a minimum non-parole offence is taken to be a sentence of imprisonment for 30 years for the offence; and

(b) it does not matter:

(i) whether or not the sentences mentioned in that subsection were imposed at the same sitting; or

(ii) whether or not the convictions giving rise to those sentences were at the same sitting; or

(iii) whether or not all the federal sentences mentioned in that subsection are for minimum non-parole offences.

(4) If the person was subject to a recognizance release order, the non-parole period supersedes the order.

(5) Sections 19AB, 19AC, 19AD, 19AE and 19AR have effect subject to this section.

Note: The effects of this include preventing a court from:

(a) making a recognizance release order under paragraph 19AB(1)(e) or (2)(e), 19AE(2)(e) or 19AR(2)(e); or

(b) confirming (under paragraph 19AD(2)(d)) a pre-existing non-parole period; or

(c) confirming (under paragraph 19AE(2)(d)) a recognizance release order; or

(d) declining (under subsection 19AB(3) or 19AC(1) or (2) or paragraph 19AD(2)(f)) to fix a non-parole period.