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CRIMES ACT 1914 - SECT 16AC

Reduction for cooperation with law enforcement agencies

             (1)  This section applies if a court imposing a sentence, or making an order, for a federal offence:

                     (a)  reduces the severity of the sentence or order; or

                     (b)  reduces the non-parole period in relation to the sentence (if applicable);

because the offender has undertaken to cooperate with law enforcement agencies in proceedings (including confiscation proceedings) relating to any offence.

             (2)  The court must:

                     (a)  state that the sentence, order or non-parole period is being reduced for that reason; and

                     (b)  specify the sentence that would have been imposed, the order that would have been made or the non-parole period that would have been fixed but for that reduction.

Example:    The court imposes a fine of $1,000 and specifies that, but for the offender undertaking to cooperate with law enforcement agencies, the court would have imposed a fine of $10,000.

Promised cooperation refused

             (3)  The Director of Public Prosecutions may appeal against the inadequacy of the reduced sentence, reduced order or reduced non-parole period if:

                     (a)  after the imposing of the sentence or the making of the order, the offender, without reasonable excuse, does not cooperate in accordance with the undertaking; and

                     (b)  the Director of Public Prosecutions is of the opinion that appealing is in the interests of the administration of justice.

             (4)  The court hearing the appeal:

                     (a)  if it is satisfied that the person has failed entirely to cooperate in accordance with the undertaking--must substitute for the reduced sentence, reduced order or reduced non-parole period the sentence, order or non-parole period that would have been imposed, made or fixed but for that reduction; and

                     (b)  if it is satisfied that the person has failed in part to cooperate in accordance with the undertaking--may substitute:

                              (i)  for the reduced sentence or reduced order such a sentence or order, not exceeding in severity the sentence or order that could be imposed or made under paragraph (a), as the court thinks appropriate; or

                             (ii)  for the reduced non-parole period such a non-parole period, not exceeding the parole period that could be fixed under paragraph (a), as the court thinks appropriate.

Meaning of confiscation proceedings

             (5)  In this Act:

"confiscation proceedings " includes:

                     (a)  proceedings for freezing orders, forfeiture orders, pecuniary penalty orders, literary proceeds orders and restraining orders under the Proceeds of Crime Act 2002 ; and

                     (b)  proceedings for forfeiture orders, pecuniary penalty orders and restraining orders under the Proceeds of Crime Act 1987 ; and

                     (c)  proceedings for restraining orders and pecuniary penalty orders under Part XIII of the Customs Act 1901 .



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