AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997 - SECT 17

Division 2 - Parole Court may bar or limit eligibility for parole

(1)  This section does not apply to a sentence of imprisonment for the term of an offender's natural life.
(2)  A court that imposes a sentence of imprisonment on an offender, either on the conviction of the offender or on the determination of an appeal, or, on appeal, confirms the imposition of such a sentence, may order –
(a) that the offender is not eligible for parole in respect of that sentence; or
(b) that the offender is not eligible for parole in respect of that sentence before the expiration of such period as is specified in the order.
(2A)  A court that imposes a sentence of imprisonment on an offender may not make an order under subsection (2)(b) in respect of the offender if the court –
(a) makes in respect of the offender a community correction order; and
(b) orders that the operational period, within the meaning of section 42AM , of the community correction order is to commence at the end of the sentence of imprisonment.
(3)  The period specified in an order under subsection (2)(b) is not to be less than one-half of the period of that sentence.
(3A)  Where a court imposes a sentence of imprisonment and does not make an order under subsection (2) , the offender is not eligible for parole in respect of that sentence.
(4)  In exercising its discretion under subsection (2) , a court may have regard to such matters as it considers necessary or appropriate and, without limiting the generality of this, may have regard to all or any of the following:
(a) the nature and circumstances of the offence;
(b) the offender's antecedents or character;
(c) any other sentence to which the offender is subject.
(5)  An order under subsection (2) forms, for all purposes, part of the sentence to which it relates.
(6)  An offender in respect of whom –
(a) an order has been made under subsection (2)(a) ; or
(b) subsection (3A) applies –
is not eligible to be released on parole in respect of his or her sentence.
(7)  A court must give reasons for making an order under subsection (2) .
(8)  If the whole or part of a sentence of imprisonment is suspended, only the operative sentence is to be taken into account for the purposes of this section.
(9)  In subsection (8) ,
operative sentence means that part of a sentence of imprisonment which has not been suspended.



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