Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.