Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 16E

Commencement of sentences

  (1)   Subject to subsections   (2) and (3), the law of a State or Territory relating to the commencement of sentences and of non - parole periods applies to a person who is sentenced in that State or Territory for a federal offence in the same way as it applies to a person who is sentenced in that State or Territory for a State or Territory offence.

  (2)   Where the law of a State or Territory has the effect that a sentence imposed on a person for an offence against the law of that State or Territory or a non - parole period fixed in respect of that sentence:

  (a)   may be reduced by the period that the person has been in custody for the offence; or

  (b)   is to commence on the day on which the person was taken into custody for the offence;

the law applies in the same way to a federal sentence imposed on a person in that State or Territory or to a non - parole period fixed in respect of that sentence.

  (3)   Where the law of a State or Territory does not have the effect mentioned in subsection   (2), a court (including a federal court) in that State or Territory that imposes a federal sentence on a person or fixes a non - parole period in respect of such a sentence must take into account any period that the person has spent in custody in relation to the offence concerned.


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