Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders

Division 3 - Sentences of imprisonment

SECTION 17B Restriction on imposing sentences for certain minor offences

(1)
If:

(a) a person is convicted of one or more section 17B offences relating to property, money or both, whose total value is not more than $2,000; and

(b) the person has not previously been sentenced to imprisonment for any federal, State or Territory offence;

the court convicting the person is not to pass a sentence of imprisonment for that offence, or for any of those offences, unless the court is satisfied that there are exceptional circumstances that warrant it.

(2)
In calculating the total value for the purposes of paragraph (1)(a), a section 17B offence which the court, with the consent of the person charged, has taken into account in passing sentence on the person for another federal offence (whether a section 17B offence or not) is taken to be an offence of which the person is convicted.

(3)

View history reference

In this section:

section 17B offence
means an offence against section 29 of this Act, an offence against section 131.1 , 132.1 , 132.6 , 132.7 , 134.1 , 134.2 , 135.1 , 135.2 , 135.4 , 145.4 or 145.5 of the Criminal Code , or an offence against a provision of a federal law prescribed for the purposes of this section.

View history note

History

S 17B(3) amended by No 137 of 2000, s 3 and Sch 2 item 148, by substituting ``section 29 of this Act, an offence against section 131.1, 132.1, 132.6, 132.7, 134.1, 134.2, 135.1, 135.2, 135.4, 145.4 or 145.5 of the Criminal Code '' for ``any of sections 29, 29A, 29B, 29C, 29D, 71 and 72'', effective 24 May 2001.

Act No 137 of 2000 contained the following transitional provisions, effective 24 May 2001:

418 Transitional - pre-commencement offences
418(1)
Despite the amendment or repeal of a provision, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or

(b) proceedings for an offence alleged to have been committed before the commencement of this item; or

(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.

418(2)
Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901 .
419 Transitional - pre-commencement notices
419
If:

(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

(b) any or all of those other provisions are repealed; and

(c) the first-mentioned provision is amended;
the amendment of the first-mentioned provision does not affect the validity of such a notice that was given before the commencement of this item.

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