Commonwealth Consolidated Acts

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Non-parole periods for sentences for certain offences

             (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 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.

             (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 19AR(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.

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