Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 19AR

New federal offence etc.

  (1)   Subject to subsection   (4), if:

  (a)   a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

  (b)   the person is later sentenced (the new sentence or sentences ) to a term of imprisonment in respect of a federal offence or federal offences committed during the parole period or licence period; and

  (c)   under section   19AQ:

  (i)   the parole order or licence is to be taken to have been revoked; and

  (ii)   the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences );

the court imposing the new sentence or sentences:

  (d)   must not make a recognizance release order; and

  (e)   must fix a single new non - parole period in respect of the new sentence or sentences and the outstanding sentence or sentences having regard to the total period of imprisonment that the person is liable to serve.

New State or Territory offence etc.

  (3)   Subject to subsection   (4), if:

  (a)   a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

  (b)   the person is later sentenced (the new sentence or sentences ) to a term of imprisonment in respect of one or more State or Territory offences committed during the parole period or licence period; and

  (c)   under section   19AQ:

  (i)   the parole order or licence is to be taken to have been revoked; and

  (ii)   the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences );

the court imposing the new sentence or sentences:

  (d)   must not make a recognizance release order; and

  (e)   must fix a single new non - parole period in respect of the outstanding sentence or sentences having regard to the total period of imprisonment that the person is liable to serve.

General

  (4)   A court may decline to fix a non - parole period if:

  (a)   the court is satisfied that doing so is appropriate, having regard to:

  (i)   the serious nature and circumstances of the offence or offences; and

  (ii)   the antecedents of the person; or

  (b)   the person is expected to be serving a State or Territory sentence on the day after the end of the federal sentence, or the last to be served of the federal sentences.

  (5)   Where a court decides, under this section, that it is inappropriate to fix a non - parole period, the court:

  (a)   must state its reasons for so deciding; and

  (b)   must cause these reasons to be entered in the records of the court.

  (6)   Without limiting, by implication, the application of any other provision of Division   4, sections   19AF, 19AJ and 19AK apply, according to their terms, in relation to the fixing of non - parole periods under this section in the same way as they apply to the fixing of such periods under Division   4.

  (7)   Without limiting, by implication, the application of any other provision of Division   4, section   19AH applies, according to its terms, in relation to the failure to fix, or properly to fix, non - parole periods under this section in the same way as it applies to such failures in relation to the fixing of such periods under Division   4.