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CRIMES ACT 1914 - SECT 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:

  (b)   a terrorism offence;

  (c)   an offence against Division   80 (other than Subdivision CA) of the Criminal Code ;

  (d)   an offence against subsection   91.1(1) or 91.2(1) 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.

Fixing non - parole periods for persons under 18 years of age

  (4A)   In imposing a sentence for an offence covered by this section on a person who is under 18 years of age, the court must comply with subsection   (2) unless the court is satisfied that exceptional circumstances exist to justify fixing a shorter single non - parole period.

  (4B)   In determining whether exceptional circumstances exist to justify fixing a shorter single non - parole period in relation to the person, without limiting the matters the court may have regard to, the court must have regard to:

  (a)   the protection of the community as the paramount consideration; and

  (b)   the best interests of the person as a primary consideration.

Relationship with sections   19AB, 19AC, 19AD, 19AE and 19AR

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

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

(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

(ca)   making a recognizance release order under paragraph   19AE(2)(e); or

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


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