(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 .