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PENALTIES AND SENTENCES ACT 1992 - SECT 160B
Sentence of 3 years or less and not a serious violent offence or sexual offence
160B Sentence of 3 years or less and not a serious violent offence or sexual
offence
(1) This section applies if neither section 160C nor 160D applies.
(2) If the
offender has had a court ordered parole order cancelled under the
Corrective Services Act 2006 , section 205 or 209 during the offender’s
period of imprisonment, the court must fix the date the offender is eligible
for parole.
(3) If subsection (2) does not apply, the court must fix a date
for the offender to be released on parole.
(4) However, the court may fix the
date the offender is eligible for parole, instead of a date for the offender
to be released on parole, if— (a) the offender has, at any time, been
convicted of a terrorism offence, whether or not the conviction has been
recorded; or
(b) the offender is the subject of a Commonwealth control order;
or
(c) the court is satisfied the offender has— (i) carried out an activity
to support the carrying out of a terrorist act; or
(ii) made a statement in
support of the carrying out of a terrorist act; or
(iii) carried out an
activity, or made a statement, to advocate the carrying out of a terrorist act
or support for the carrying out of a terrorist act.
(5) To remove any doubt,
it is declared that a reference in subsection (4) (c) to a terrorist act—
(a) includes a terrorist act that has not happened; and
(b) is not limited to
a specific terrorist act.
(6) If the offender had a current parole
eligibility date or current parole release date, a date fixed under subsection
(2) , (3) or (4) must not be earlier than the current parole eligibility date
or current parole release date. Note— See also section 160F .
(7)
Despite subsections (2) , (3) and (4) , the court must fix the date the
offender is eligible for parole under subsection (8) if— (a) the offender is
sentenced to a term of imprisonment under section 161R (2) ; and
(b) in
imposing the base component of the sentence under that section, the court
would, apart from this subsection, be required to fix a date for the offender
under subsection (2) , (3) or (4) . Note— Section 161R (2) (a) requires the
court to impose a sentence of imprisonment for the offence of which the
offender is convicted under the law apart from part 9D .
(8) The date the
offender is eligible for parole is the day that is worked out by adding the
relevant further period to the date the court would otherwise fix for the
offender under subsection (2) , (3) or (4) if the term of imprisonment imposed
on the offender under section 161R (2) consisted only of the base component of
the sentence imposed under that section.
(9) In this section—
"Commonwealth control order" means a control order as defined in the Criminal
Code (Cwlth) , section 100 .1(1).
"relevant further period" , for an offender sentenced to a term of
imprisonment under section 161R (2) , means the period of the mandatory
component of the sentence imposed on the offender under that section.
"terrorism offence" means— (a) a terrorism offence under the Crimes Act 1914
(Cwlth) ; or
(b) an offence against the repealed
Crimes (Foreign Incursions and Recruitment) Act 1978 (Cwlth) , sections 6 to 9
; or
(c) an offence against the Terrorism (Community Protection) Act 2003
(Vic) , section 4B ; or
(d) an offence against the Crimes Act 1900 (NSW) ,
section 310J ; or
(e) an offence against the
Criminal Law Consolidation Act 1935 (SA) , section 83CA ; or
(f) another
offence against a provision of a law of the Commonwealth or another State if
the provision— (i) is prescribed by regulation; and
(ii) is in relation to
an activity that involves a terrorist act, or is preparatory to the carrying
out of an activity that involves a terrorist act.
"terrorist act" see the Police Powers and Responsibilities Act 2000 ,
section 211 .
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