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 19AB(3) amended by No 129 of 2021, s 3 and Sch 1 item 3, by omitting " , as reduced by any remissions or reductions under section 19AA " after " the federal sentences " from para (b), effective 9 December 2021. For application provisions, see note under s 19AA .

S 19AB substituted by No 153 of 2015, s 3 and Sch 7 item 10, applicable in relation to a federal sentence imposed on or after 27 November 2015. S 19AB formerly read:

SECTION 19AB When court must fix non-parole period or make a recognizance release order  
(1)
Subject to subsection (3), where:

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

(b) a court imposes on the person a federal life sentence, or a federal sentence that exceeds, or federal sentences that, in the aggregate, 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 either:

(d) fix a single non-parole period in respect of that sentence or those sentences; or

(e) make a recognizance release order.

(2)
Subject to subsection (3), 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 a federal life sentence or federal sentences the unserved portions of which, in the aggregate, exceed 3 years; and

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

the court imposing the further sentence must either:

(d) fix a single non-parole period in respect of all federal sentences the person is to serve or complete; or

(e) make a recognizance release order.

(3)
Where, but for this subsection, a court would be required by this section to fix a non-parole period, or make a recognizance release order, in respect of a person, the court may decline to do either if, having regard to the nature and circumstances of the offence or offences concerned and to the antecedents of the person, the court is satisfied that neither is appropriate.

(4)
Where the court decides that neither a non-parole period nor a recognizance release order is appropriate, the court must:

(a) state its reasons for so deciding; and

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