Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 (153 of 2015)

Schedule 7   Sentencing and parole

Part 2   Cooperation with law enforcement agencies

Crimes Act 1914

5   After section 16AB

Insert:

16AC Reduction for cooperation with law enforcement agencies

(1) This section applies if a court imposing a sentence, or making an order, for a federal offence:

(a) reduces the severity of the sentence or order; or

(b) reduces the non-parole period in relation to the sentence (if applicable);

because the offender has undertaken to cooperate with law enforcement agencies in proceedings (including confiscation proceedings) relating to any offence.

(2) The court must:

(a) state that the sentence, order or non-parole period is being reduced for that reason; and

(b) specify the sentence that would have been imposed, the order that would have been made or the non-parole period that would have been fixed but for that reduction.

Example: The court imposes a fine of $1,000 and specifies that, but for the offender undertaking to cooperate with law enforcement agencies, the court would have imposed a fine of $10,000.

Promised cooperation refused

(3) The Director of Public Prosecutions may appeal against the inadequacy of the reduced sentence, reduced order or reduced non-parole period if:

(a) after the imposing of the sentence or the making of the order, the offender, without reasonable excuse, does not cooperate in accordance with the undertaking; and

(b) the Director of Public Prosecutions is of the opinion that appealing is in the interests of the administration of justice.

(4) The court hearing the appeal:

(a) if it is satisfied that the person has failed entirely to cooperate in accordance with the undertaking - must substitute for the reduced sentence, reduced order or reduced non-parole period the sentence, order or non-parole period that would have been imposed, made or fixed but for that reduction; and

(b) if it is satisfied that the person has failed in part to cooperate in accordance with the undertaking - may substitute:

(i) for the reduced sentence or reduced order such a sentence or order, not exceeding in severity the sentence or order that could be imposed or made under paragraph (a), as the court thinks appropriate; or

(ii) for the reduced non-parole period such a non-parole period, not exceeding the parole period that could be fixed under paragraph (a), as the court thinks appropriate.

Meaning of confiscation proceedings

(5) In this Act:

confiscation proceedings includes:

(a) proceedings for freezing orders, forfeiture orders, pecuniary penalty orders, literary proceeds orders and restraining orders under the Proceeds of Crime Act 2002; and

(b) proceedings for forfeiture orders, pecuniary penalty orders and restraining orders under the Proceeds of Crime Act 1987; and

(c) proceedings for restraining orders and pecuniary penalty orders under Part XIII of the Customs Act 1901.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).