Commonwealth: Crimes Legislation Amendment Act (No. 2) 1989 (Cth)

Crimes Legislation Amendment Act (No. 2) 1989 No. 4 of 1990 TABLE OF PROVISIONS PART 1—PRELIMINARY Section 1. Short title 2. Commencement PART 2—AMENDMENTS OF THE CRIMES ACT 1914 AND CONSEQUENTIAL AMENDMENTS Division 1—Amendments of the Crimes Act 1914 3. Principal Act 4. Interpretation 5. Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island 6. Repeal of section 17 and substitution of new Part heading, Divisions, Division heading and sections: PART 1B—SENTENCING. IMPRISONMENT AND RELEASE OF FEDERAL OFFENDERS Division 1—Interpretation 16. Interpretation Division 2—General Sentencing Principles 16a. Matters to which court to have regard when passing sentence etc. 16b. Court to have regard to other periods of imprisonment required to be served TABLE OF PROVISIONS-continued Section 16c. Fines 16d. No corporal punishment Division 3—Sentences of imprisonment 16e. Commencement of sentences 16f. Court to explain sentence 16g. Federal sentence to be adjusted if no State or Territory remission laws apply 7. Restriction on imposing sentences 8. Enforcement of fines etc. 9. Repeal of sections 19 and 19a and substitution of new sections, Division and Division heading: 19. Cumulative, partly cumulative or concurrent sentences 19a. Detention of person in State or Territory prisons 19aa. Remissions and reductons of sentences Division 4—The fixing of non-parole periods and the making of recognizance release orders 19ab. When court must fix a non-parole period 19ac. Persons already subject to a non-parole period or recognizance release order 19ad. When court must make a recognizance release order 19ae. Court may decline to fix non-parole period or to make recognizance release order in certain cases 19af. Non-parole period or pre-release periods not to exceed remitted sentence 19ag. Non-applicability of State or Territory remission or reduction laws to be taken into account 19ah. Failure to fix non-parole period or make recognizance release order 19aj. Court may only fix non-parole periods or make recognizance release orders for federal sentences of imprisonment 19ak. Possible deportation no impediment to fixing non-parole period Division 5—Conditional release on parole or licence 19al. Release on parole 19am. Person not to be released on parole if still serving State or Territory sentence 19an. Parole order is subject to conditions 19ap. Release on licence 19aq. When parole order or licence automatically revoked 19ar. Fixing of non-parole period etc. where parole or licence automatically revoked 19as. Court to issue warrant of detention where person required to serve balance of sentence 19at. What happens when later conviction is quashed? 19au. Attorney-General may revoke parole order or licence 19av. Arrest of person whose parole order or licence revoked by Attorney-General 19aw. Where person on parole or licence notified of revocation 19ax. Where person on parole or licence not notified of revocation 19ay. Appeals in respect of warrants issued under subsection 19aw (1) or that subsection as applied 19az. Evidence before prescribed authority 19aza. Disobedience of summons etc. 19azb. Can person be released on parole or licence if earlier parole order or licence revoked? 19azc. Effect of parole order and licence on sentence 19azd. State and Territory laws providing for leave of absence, pre-release etc. to apply to federal offenders TABLE OF PROVISIONS-continued Section 10. Discharge of offenders without proceeding to conviction 11. Conditional release of offenders after conviction 12. Failure to comply with condition of discharge or release 13. Additional sentencing alternatives 14. Failure to comply with sentence passed, or order made, under subsection 20ab (1) 15. Repeal of section 20b and substitution of new Divisions and Division heading: Division 6—Unfitness to be tried 20b. Consequences of preliminary finding that person unfit to be tried 20ba. Upon determining prima facie case, court to dismiss charge or to determine fitness within 12 months 20bb. Persons found by a court to be likely to be fit within 12 months 20bc. Persons found by a court not to be likely to be fit within 12 months 20bd. Review by Attorney-General 20be. Attorney-General may order release 20bf. Release order may be revoked 20bg. Attorney-General to review detention of persons taken back into detention 20bh. State or Territory mental health authorities to be notified of certain releases Division 7—Acquittal by reason of mental illness 20bj. Acquittal where person mentally ill 20bk. Review by Attorney-General 20bl. Attorney-General may order release 20bm. Release order may be revoked 20bn. Attorney-General to review detention of persons taken back into detention 20bp. State or Territory authorities to be notified of certain releases Division 8—Summary disposition of persons suffering from mental illness or intellectual disability 20bq. Person suffering from mental illness or intellectual disability 20br. Means by which court may be informed Division 9—Sentencing alternatives for persons suffering from mental illness or intellectual disability 20bs. Hospital orders 20bt. Lesser periods of imprisonment fixed under hospital orders 20bu. Discharge of hospital orders 20bv. Psychiatric probation orders 20bw. Breach of psychiatric probation orders 20bx. Enforcement of psychiatric probation orders 20by. Program probation orders Division 10—Miscellaneous 16. Taking other offences into account 17. Reparation for offences 18. Prerogative of mercy and other Commonwealth laws unaffected 19. Insertion of new sections: 21e. Director of Public Prosecutions may appeal against reductions where promised co-operation with law enforcement agencies refused 21f. Prescribed authorities and parole officers 20. Interpretation of Part 21. Exclusions 22. Further exclusions—law enforcement agencies TABLE OF PROVISIONS-continued Section Division 2—Amendments consequential on the amendments made in Division 1 of this Part 23. Interpretation 24. Licences granted under section 19a of the Principal Act 25. Licences revoked or cancelled under section 19a of the Principal Act before commencing day 26. Sentences and orders under subsection 19b (1), 20 (1) or 20ab (1) of the Principal Act 27. Section 20b of the Principal Act to continue to apply for A.C.T. purposes on and after commencing day 28. Non-parole periods for life sentences imposed before commencing day 29. Repeal of Commonwealth Prisoners Act 1967 30. Lesser terms of imprisonment fixed under Commonwealth Prisoners Act 1967 before commencing day 31. Parole orders made under Commonwealth Prisoners Act 1967 before commencing day 32. Parole orders revoked or cancelled under Commonwealth Prisoners Act 1967 before commencing day 33. Application of State or Territory remission or reduction laws to certain federal non-parole periods 34. Further consequential amendments 35. Relocation of sections etc. PART 3—AMENDMENTS OF THE CASH TRANSACTION REPORTS ACT 1988 36. Principal Act 37. Interpretation 38. Insertion of new section: 8a. Identifying cash dealers 39. Insertion of new section: 14a. Inspection of record systems etc. 40. Reports in relation to transfer of currency into or out of Australia 41. Information to be provided where bank account etc. opened 42. Unblocking or forfeiture of account 43. Form of statement 44. Identification references 45. Cash dealer to keep documents 46. Secrecy 47. Access to CTR information 48. Failure to provide information 49. False or misleading information 50. Questioning and search powers 51. Insertion of new section: 33a. Arrest without warrant 52. Insertion of new section: 40a. Consultants 53 Insertion of new section: 42a. Amendment of Schedules by regulations PART 4—AMENDMENT OF THE NATIONAL CRIME AUTHORITY ACT 1984 54. Principal Act 55. Warrant for arrest of witness SCHEDULE FURTHER CONSEQUENTIAL AMENDMENTS OF OTHER ACTS Crimes Legislation Amendment Act (No. 2) 1989 No. 4 of 1990 An Act to amend various Acts relating to criminal matters, to repeal the Commonwealth Prisoners Act 1967, and for related purposes [Assented to 17 January 1990] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART 1—PRELIMINARY Short title 1. This Act may be cited as the Crimes Legislation Amendment Act (No. 2) 1989. Commencement 2. (1) Sections 1, 2, 36, 37, 38, 46, 47, 51, 52 and 53, subsection 50 (2), and Part 4, commence on the day on which this Act receives the Royal Assent. (2) Sections 20, 21 and 22 commence immediately after section 10 of the Crimes Legislation Amendment Act 1989 commences. (3) Sections 39 and 48 commence on the commencement of section 7 of the Cash Transaction Reports Act 1988. (4) Subject to subsections (5) and (6), subsections 40 (1) and 50 (1) commence on a day to be fixed by Proclamation, being a day that does not occur before the commencement of section 15 of the Cash Transaction Reports Act 1988. (5) If the day fixed by Proclamation under subsection (4) is the same as the day on which section 15 of the Cash Transaction Reports Act 1988 commences, subsections 40 (1) and 50 (1) commence immediately after the commencement of section 15 of that Act. (6) If the commencement of subsections 40 (1) and 50 (1) is not fixed by Proclamation published in the Gazette before 31 December 1990, those subsections are repealed on that day. (7) Subsection 40 (2) commences immediately after the commencement of section 15 of the Cash Transaction Reports Act 1988. (8) Sections 41 and 49 commence immediately after the commencement of section 18 of the Cash Transaction Reports Act 1988. (9) Section 42 commences immediately after the commencement of section 19 of the Cash Transaction Reports Act 1988. (10) Section 43 commences immediately after the commencement of section 20 of the Cash Transaction Reports Act 1988. (11) Section 44 commences immediately after the commencement of section 21 of the Cash Transaction Reports Act 1988. (12) Section 45 commences immediately after the commencement of section 23 of the Cash Transaction Reports Act 1988. (13) Subject to subsection (14), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (14) If a provision referred to in subsection (13) does not commence under that subsection within the period of 6 months beginning on the day it receives the Royal Assent, it commences on the first day after the end of that period. PART 2—AMENDMENTS OF THE CRIMES ACT 1914 AND CONSEQUENTIAL AMENDMENTS Division 1—Amendments of the Crimes Act 1914 Principal Act 3. In this Division, "Principal Act" means the Crimes Act 1914l. Interpretation 4. Section 3 of the Principal Act is amended by adding at the end the following subsection: "(2) In this Act, a reference to a fine includes a reference: (a) to a pecuniary penalty other than a pecuniary penalty imposed: (i) under Division 3 of Part XIII of the Customs Act 1901; or (ii) by a pecuniary penalty order made under the Proceeds of Crime Act 1987; or (iii) by a superannuation order made under the Australian Federal Police Act 1979; or (iv) by a superannuation order made under the Crimes (Superannuation Benefits) Act 1989; or (b) to costs or other amounts ordered to be paid by offenders.". Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island 5. Section 3b of the Principal Act is amended: (a) by inserting in subsection (1) "the Australian Capital Territory Executive," after "Governor of a State,"; (b) by omitting paragraph (2) (b) and substituting the following paragraph: "(b) a reference to a participating Territory: (i) is a reference to a Territory other than the Australian Capital Territory, the Northern Territory or Norfolk Island; and (ii) if an arrangement is in force under subsection (1) of this section in relation to the Australian Capital Territory—includes a reference to the Australian Capital Territory; and (iii) if an arrangement is in force under subsection (1) of this section in relation to the Northern Territory— includes a reference to the Northern Territory; and (iv) if an arrangement is in force under subsection (1) of this section in relation to Norfolk Island—includes a reference to Norfolk Island."; (c) by adding after subsection (2) the following subsection: "(3) In this section: 'State' does not include the Australian Capital Territory or the Northern Territory.". 6. Section 17 of the Principal Act is repealed and the following Part heading, Divisions, Division heading and sections are substituted: "PART Ib—SENTENCING, IMPRISONMENT AND RELEASE OF FEDERAL OFFENDERS "Division 1—Interpretation Interpretation "16. (1) In this Part, unless the contrary intention appears: 'federal court' means the High Court or a court created by the Parliament, other than a court of a Territory; 'federal offence' means an offence against the law of the Commonwealth; 'federal offender' means a person convicted of a federal offence; 'federal sentence' means a sentence imposed for a federal offence; 'fit to be tried' includes fit to plead; 'law', in relation to the Commonwealth, a State or a Territory, includes the common law, and any Imperial Act or order, that comprises a part of that law; 'licence' means a licence granted under section 19ap; 'licence period', in relation to a person who is released on licence, means: (a) where the person has not been given a federal life sentence— the period commencing on the day of release on licence and ending: (i) if the last day of any federal sentence that is, on the day of the release, being served or to be served, after deducting any remission or reduction that is applicable, occurs earlier than S years after the day of release on licence—at the end of that last day; or (ii) in any other case—at the end of the day that occurs 5 years after the day of release on licence; and (b) where the person has been given a federal life sentence—the period commencing on the day of release on licence and ending at the end of the day specified in the licence as the day on which the licence period ends; 'maximum penalty', in relation to an offence at common law, means imprisonment for life; 'non-parole period', in relation to a sentence or sentences of imprisonment, means that part of the period of imprisonment for that sentence or those sentences during which the person is not to be released on parole, whether that part of the period is fixed or recommended by a court or fixed by operation of law; 'offence' means a federal offence, a State offence or a Territory offence; 'offender' means a federal offender, a State offender or a Territory offender; 'parole' includes probation; 'parole officer' means: (a) an officer of a State, the Australian Capital Territory, the Northern Territory or Norfolk Island in respect of whom there applies: (i) an arrangement in force under paragraph 21f (1) (b); or (ii) an arrangement having a substantially similar effect in force under section 3b; or (b) an officer of the Australian Public Service in respect of whom an appointment under subsection 21f (3) is in force; 'parole order' means an order under subsection 19al (1) or (2); 'parole period', in relation to a person who is released on parole under section 19al, means: (a) where the person has not been given a federal life sentence— the period commencing on the day of release on parole and ending: (i) if the last day of any federal sentence that is, on the day of the release, being served or to be served, after deducting any remission or reduction that is applicable, occurs earlier than 5 years after the day of release on parole—at the end of that last day; or (ii) in any other case—at the end of the day that occurs 5 years after the day of release on parole; and (b) where the person has been given a federal life sentence—the period commencing on the day of release on parole and ending at the end of the day specified in the parole order as the day on which the parole period ends; 'pre-release period', in relation to a recognizance release order made in respect of a federal sentence or sentences, means the period of imprisonment specified in that order as the period of imprisonment in respect of that sentence or those sentences after service of which the offender may be released on the giving of security in accordance with that order; 'prescribed authority' means: (a) a person who holds office as a Magistrate of a State, the Australian Capital Territory, the Northern Territory or Norfolk Island and in respect of whom an arrangement in force under paragraph 21f (1) (a) is applicable; or (b) a person who holds office as a Magistrate of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or (c) unless an arrangement has been entered into under paragraph 21f (1) (a) in respect of persons holding office as Magistrates of the Australian Capital Territory—a person who holds office as a Magistrate of the Australian Capital Territory; 'prison' includes gaol, lock-up or other place of detention; 'recognizance release order' means an order made under paragraph 20 (1) (b); 'released on licence' means released from prison under section 19ap; 'released on parole' means released from prison under section 19al; 'sentence', in sections 16b to 19azd, means a sentence of imprisonment; 'State' includes the Australian Capital Territory and the Northern Territory; 'State offence' means an offence against the law of a State; 'State offender' means a person convicted of a State offence; 'State sentence' means a sentence imposed for a State offence; 'supervision period', in relation to a person who is released on parole or on licence, means: (a) where the person has not been given a federal life sentence— the period commencing on the day of release on parole or licence and ending at the end of a day specified in the parole order or licence as the day on which the supervision period ends, being a day not later than: (i) if the last day of any federal sentence of imprisonment that is, on the day of the release, being served or to be served, after deducting any remission or reduction that is applicable, occurs earlier than 3 years after the day of release on parole or licence—that last day; or (ii) in any other case—the day that occurs 3 years after the day of release on parole or licence; and (b) where the person has been given a federal life sentence—the period commencing on the day of release on parole or licence and ending at the end of the day specified in the parole order or licence as the day on which the supervision ends, being a day not later than the day on which the parole period or licence period ends; 'Territory' does not include the Australian Capital Territory or the Northern Territory; 'Territory offence' means an offence against the law of a Territory; 'Territory offender' means a person convicted of a Territory offence; 'Territory sentence' means a sentence imposed for a Territory offence; 'unfit to be tried' includes unfit to plead. "(2) In this Part, expressions in the plural do not imply that expressions in the singular do not include the plural. "Division 2—General Sentencing Principles Matters to which court to have regard when passing sentence etc. "16a. (1) In determining the sentence to be passed, or the order to be made, in respect of any person for a federal offence, a court must impose a sentence or make an order that is of a severity appropriate in all the circumstances of the offence. "(2) In addition to any other matters, the court must take into account such of the following matters as are relevant and known to the court: (a) the nature and circumstances of the offence; (b) other offences (if any) that are required or permitted to be taken into account; (c) if the offence forms part of a course of conduct consisting of a series of criminal acts of the same or a similar character—that course of conduct; (d) the personal circumstances of any victim of the offence; (e) any injury, loss or damage resulting from the offence; (f) the degree to which the person has shown contrition for the offence; (i) by taking action to make reparation for any injury, loss or damage resulting from the offence; or (ii) in any other manner; (g) if the person has pleaded guilty to the charge in respect of the offence—that fact; (h) the degree to which the person has co-operated with law enforcement agencies in the investigation of the offence or of other offences; (j) the deterrent effect that any sentence or order under consideration may have on the person; (k) the need to ensure that the person is adequately punished for the offence; (m) the character, antecedents, age, means and physical or mental condition of the person; (n) the prospect of rehabilitation of the person; (p) the probable effect that any sentence or order under consideration would have on any of the person's family or dependants. "(3) Without limiting the generality of subsections (1) and (2), in determining whether a sentence or order under subsection 19b (1), 20 (1) or 20ab (1) is the appropriate sentence or order to be passed or made in respect of a federal offence, the court must have regard to the nature and severity of the conditions that may be imposed on, or may apply to, the offender, under that sentence or order. Court to have regard to other periods of imprisonment required to be served "16b. In sentencing a person convicted of a federal offence, a court must have regard to: (a) any sentence already imposed on the person by the court or another court for any other federal offence or for any State or Territory offence, being a sentence that the person has not served; and (b) any sentence that the person is liable to serve because the revocation of a parole order made, or licence granted, under this Part or under a law of a State or Territory. Fines "16c. (1) Subject to subsection (2), before imposing a fine on a person for a federal offence, a court must take into account the financial circumstances of the person, in addition to any other matters that the court is required or permitted to take into account. "(2) Nothing in subsection (1) prevents a court from imposing a fine on a person because the financial circumstances of the offender cannot be ascertained by the court. No corporal punishment "16d. (1) A court must not impose any form of corporal punishment for a federal offence. "(2) A person serving a federal sentence must not be subjected to any form of corporal punishment. "Division 3—Sentences of imprisonment Commencement of sentences "16e. (1) Subject to subsections (2) and (3), the law of a State or Territory relating to the commencement of sentences and of non-parole periods applies to a person who is sentenced in that State or Territory for a federal offence in the same way as it applies to a person who is sentenced in that State or Territory for a State or Territory offence. "(2) Where the law of a State or Territory has the effect that a sentence imposed on a person for an offence against the law of that State or Territory or a non-parole period fixed in respect of that sentence: (a) may be reduced by the period that the person has been in custody for the offence; or (b) is to commence on the day on which the person was taken into custody for the offence; the law applies in the same way to a federal sentence imposed on a person in that State or Territory or to a non-parole period fixed in respect of that sentence. "(3) Where the law of a State or Territory does not have the effect mentioned in subsection (2), a court (including a federal court) in that State or Territory that imposes a federal sentence on a person or fixes a non-parole period in respect of such a sentence must take into account any period that the person has spent in custody in relation to the offence concerned. Court to explain sentence "16f. (1) Where a court imposes a federal sentence on a person and fixes a non-parole period in respect of the sentence, it must explain or cause to be explained to the person, in language likely to be readily understood by the person, the purpose and consequences of fixing that non-parole period including, in particular, an explanation: (a) that service of the sentence will entail a period of imprisonment of not less than the non-parole period and, if a parole order is made, a period of service in the community, called the parole period, to complete service of the sentence; and (b) that, if a parole order is made, the order will be subject to conditions; and (c) that the parole order may be amended or revoked; and (d) of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions. "(2) Where a court imposes a federal sentence on a person and makes a recognizance release order in respect of that sentence, it must explain or cause to be explained to the person, in language likely to be readily understood by the person, the purpose and consequences of making the recognizance release order including, in particular, an explanation: (a) that service of the sentence will entail a period of imprisonment equal to the pre-release period (if any) specified in the order and a period of service in the community equal to the balance of the sentence; and (b) of the conditions to which the order is subject; and (c) of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions; and (d) that any recognizance given in accordance with the order may be discharged or varied under section 20aa. Federal sentence to be adjusted if no State or Territory remission laws apply "16g. If a federal sentence is to be served in a prison of a State or Territory where State or Territory sentences are not subject to remission or reduction, the court imposing the sentence must take that fact into account in determining the length of the sentence and must adjust the sentence accordingly.". Restriction on imposing sentences 7. (1) Section 17a of the Principal Act is amended: (a) by omitting from subsection (1) "an offence against the law of the Commonwealth, or of' and substituting "a federal offence, or for an offence against the law of'; (b) by inserting after subsection (1) the following subsections: "(1a) Where: (a) a person is convicted of one or more federal offences relating to property, money or both, whose total value does not exceed $2,000; and (b) the person has not previously been sentenced to imprisonment for any federal, State or Territory offence; the court convicting the person must not, unless in the opinion of the court there are exceptional circumstances that warrant it, pass a sentence of imprisonment for that offence or any of those offences. "(1b) For the purpose only, under subsection (1a), of aggregating the value of property or money to which federal offences relate, a federal offence of which a person has not been convicted but which a court, with the consent of the person charged, has taken into account in passing sentence on the person for another federal offence, is to be treated as if it were a federal offence of which the person was convicted."; (c) by omitting from subsection (2) "an offence against the law of the Commonwealth, or of' and substituting "a federal offence, or for an offence against the law of'; (d) by omitting subsections (4) and (5) and substituting the following subsection: "(4) This section applies subject to any contrary intention in the law creating the offence.". (2) Section 17a of the Principal Act is further amended by omitting from subsections (1) and (2) "the Australian Capital Territory or" (wherever occurring). Enforcement of fines etc. 8. Section 18a of the Principal Act is amended: (a) by inserting in paragraph (1) (a) ", by a court or by any parole officer of that State or Territory," after "the passing or making"; (b) by omitting from subsections (1) and (1a) "offences against laws of the Commonwealth" and substituting "federal offences"; (c) by omitting subsection (2) and substituting the following subsections: "(2) Without limiting the generality of subsection (1), in the application to federal offenders of any State or Territory laws with respect to the enforcement or recovery of fines, a requirement that the amount of a fine be paid to a State or Territory office or officer is to be treated as a requirement that the amount of the fine be paid in accordance with the law of the Commonwealth. "(3) Where a court imposes a sentence or sentences of imprisonment on a person in respect of a failure to pay a fine or fines imposed for a federal offence or offences, the court must direct that the sentence, or all the sentences, commence to be served from the earliest practicable day despite the fact that the person may, on that day, already be serving another sentence of imprisonment for a federal, State or Territory offence. "(4) Despite subsection (3), a court may, where it is of the opinion that, in all the circumstances of the case, it is more appropriate to do so, direct that a period of imprisonment imposed on a person in respect of a failure to pay a fine imposed in respect of a federal offence commence to be served during, or at the end of, a period of imprisonment imposed for a similar failure in respect of another federal offence.". 9. Sections 19 and 19a of the Principal Act are repealed and the following sections, Division and Division heading are substituted: Cumulative, partly cumulative or concurrent sentences "19. (1) Where a person who is convicted of a federal offence or federal offences is at the time of that conviction or those convictions, serving, or subject to, one or more federal, State or Territory sentences, the court must, by order, direct when each federal sentence imposed by it for the first-mentioned offence commences, but so that: (a) each federal sentence does not commence later than the end of the sentences the commencement of which has already been fixed or the last to end of those sentences; and (b) if a non-parole period applies in respect of any State or Territory sentences—the first federal sentence to commence after the end of that non-parole period commences immediately after the end of the period. "(2) Where: (a) a person is convicted of 2 or more federal offences at the same sitting; and (b) the person is sentenced to imprisonment for more than one of the offences; the court must, by order, direct when each sentence commences, but so that no sentence commences later than the end of the sentences the commencement of which has already been fixed or of the last to end of those sentences. "(3) Where: (a) a person is convicted of a federal offence or offences, and a State or Territory offence or offences, at the same sitting; and (b) the person is sentenced to imprisonment for more than one of the offences; the court must, by order, direct when each federal sentence commences but so that: (c) each federal sentence does not commence later than the end of the sentences the commencement of which has already been fixed or the last to end of those sentences; and (d) if a non-parole period applies in respect of any State or Territory sentences—the first federal sentence to commence after the end of that non-parole period commences immediately after the end of the period. "(4) For the purpose of fixing the commencement of a sentence under this section, a reference in this section to a sentence the commencement of which has already been fixed includes a reference to another sentence imposed at the same time as the first-mentioned sentence. Detention of person in State or Territory prisons "19a. A federal offender who is ordered by a court or a prescribed authority to be detained in prison in a State or Territory, may be detained in any prison in that State or Territory and may be removed from one prison to another prison in that State or Territory as if the person were detained as a State offender or Territory offender. Remissions and reductions of sentences "19aa. (1) A law of a State or Territory that provides for the remission or reduction of State or Territory sentences (other than such part of the law as relates to the remission or reduction of non-parole periods of imprisonment or of periods of imprisonment equivalent to pre-release periods of imprisonment in respect of recognizance release orders) applies in the same way to the remission or reduction of a federal sentence in a prison of that State or Territory, being a sentence imposed after the commencement of this section. "(2) Where a law of a State or Territory provides that a person is to be taken to be serving a State or Territory sentence during the period from the time of release under a parole order or licence (however called) until the parole order or licence is, or is taken to be, revoked, the law: (a) is, for the purposes of subsection (1), to be taken to be providing for the remission or reduction of sentences; and (b) applies to any calculation of the part of a federal sentence remaining to be served at the time of a federal offender's release under a federal parole order or licence as if the sentence were a State or Territory sentence. "(3) Where a federal offender who is released on parole or licence and whose parole order or licence has subsequently been revoked does not get the benefit of subsection (2) in calculating the part of any federal sentence of imprisonment remaining to be served at the time of release: (a) a court fixing a new non-parole period in respect of such a person under section 19ar; or (b) a prescribed authority fixing a non-parole period in respect of such a person under section 19aw; must have regard to the period of time spent by the person on parole or licence before that parole order or licence is revoked or is to be taken to have been revoked. "(4) A law of a State or Territory that provides for the remission or reduction, by reason of industrial action taken by prison warders, of the non-parole period of a State or Territory sentence applies in the same way to the remission or reduction: (a) of a federal non-parole period to be served in a prison in that State or Territory; and (b) of a federal pre-release period to be served in that State or Territory. "Division 4—The fixing of non-parole periods and the making of recognizance release orders When court must fix a non-parole period "19ab. (1) Where: (a) a person is convicted of a federal offence or of 2 or more federal offences at the same sitting; and (b) the court imposes on the person a life sentence, or a sentence or sentences exceeding, or exceeding in the aggregate, 3 years; the court must fix a single non-parole period in respect of the sentence or sentences unless it makes a recognizance release order. "(2) Where: (a) while a person is in prison and is serving or subject to a federal sentence, a further federal sentence is imposed on the person; and (b) the result is that the person is to serve or to complete a federal life sentence or federal sentences the unserved portion or portions of which exceeds, or exceed in the aggregate, 3 years; the court imposing the further sentence must fix a single non-parole period in respect of all federal sentences the person is to serve or complete unless it makes a recognizance release order. "(3) A single non-parole period fixed under subsection (2) must not be such as to render the person eligible to be released earlier than would have been the case if the further sentence had not been imposed. Persons already subject to a non-parole period or recognizance release order "19ac. (1) Where: (a) a non-parole period (in this section called the 'previous non-parole period') has been fixed in respect of a federal sentence or federal sentences; and (b) while the offender is serving the non-parole period, a court imposes a further federal sentence on the person; the court must fix a new single non-parole period in respect of all federal sentences the offender is to serve or complete and must not make a recognizance release order in respect of any of them. "(2) The new single non-parole period fixed at the time of the imposition of the further sentence: (a) is to be treated as having superseded the previous non-parole period; and (b) must not to be such as to allow the person to be released on parole earlier than would have been the case if the further sentence, had not been imposed. "(3) Where: (a) a person is subject to a recognizance release order (in this section called the 'previous recognizance release order') made in respect of a federal sentence or federal sentences; and (b) before the person is released under that order, a court imposes a further federal sentence on the person; the court must: (c) make a new recognizance release order in respect of all federal sentences the person is to serve or complete; or (d) if subsection 19ab (2) applies—fix a non-parole period in respect of all such sentences. "(4) The new recognizance release order made, or non-parole period fixed, at the time of the imposition of the further sentence: (a) is to be treated as having superseded the previous recognizance release order; and (b) must not be such as to allow the person to be released earlier than would have been the case if the further sentence had not been imposed. When court must make a recognizance release order "19ad. (1) Where: (a) a person is convicted of a federal offence or of 2 or more federal offences at the same sitting; and (b) the court imposes on the person a sentence that does not exceed, or sentences that, in the aggregate, do not exceed, 3 years; the court must make a recognizance release order in respect of the sentence or those sentences and must not fix a non-parole period. "(2) Where: (a) while a person is in prison and is serving or subject to a federal sentence, a further federal sentence is imposed on the person; and (b) the result is that the person is to serve or to complete federal sentences the unserved portions of which do not exceed, in the aggregate, 3 years; the court must make a recognizance release order in respect of all federal sentences to be served or completed by the person and must not fix a non-parole period. "(3) A recognizance release order made under subsection (2) shall not be such as to render the person eligible to be released earlier than would have been the case if the further sentence had not been imposed. Court may decline to fix non-parole period or to make recognizance release order in certain cases "19ae. (1) Where: (a) at a particular time, a court would be required by section 19AB, 19ac or 19ad to fix a non-parole period, or make a recognizance release order, in relation to a person; and (b) at that time, the person is not already subject to a federal non-parole period; the court is not required to fix a non-parole period, or make a recognizance release order, if, having regard to the nature and circumstances of the offence or offences concerned and to the antecedents of the person, the court is satisfied that it is not appropriate to do so. "(2) Where a court decides, under this section, that it is inappropriate either to fix a non-parole period, or to make a recognizance release order, the court: (a) shall state its reasons for so deciding; and (b) shall cause the reasons to be entered in the records of the court. Non-parole period or pre-release periods not to exceed remitted sentence "19af. (1) Where a court is required to fix a non-parole period or make a recognizance release order in respect of a federal sentence or sentences, the court must fix a non-parole period that ends, or make a recognizance release order such that the pre-release period ends, not later than the end of the sentence, or of the last to be served of the sentences, as reduced by any remissions or reductions under section 19aa. "(2) This section does not restrict the length of the non-parole period or the pre-release period in respect of a life sentence or sentences that include such a sentence. Non-applicability of State or Territory remission or reduction laws to be taken into account "19ag. In calculating a non-parole period or pre-release period, in respect of a federal sentence, the court fixing that period: (a) must take into account the fact that, under section 19aa, any non-parole period, or pre-release period specified in a recognizance release order made, in respect of the sentence will not be subject to remission or reduction other than a remission or reduction applying under subsection 19aa (4); and (b) must adjust the period accordingly. Failure to fix non-parole period or make recognizance release order "19ah. (1) Where a court fails to fix, or properly to fix, a non-parole period, or to make, or properly to make, a recognizance release order, under this Act: (a) that failure does not affect the validity of any sentence; and (b) the court must, at any time, on application by the Attorney-General, the Director of Public Prosecutions or the person, by order, set aside any non-parole period or recognizance release order that was not properly fixed or made and fix a non-parole period or make a recognizance release order under this Act. "(2) A court shall not, for the purposes of subsection (1), be taken to have failed to fix a non-parole period in respect of a sentence or sentences in respect of which it has made a recognizance release order or to have failed to make a recognizance release order in respect of a sentence or sentences in respect of which it has fixed a non-parole period. "(3) Application under subsection (1) to the court that has sentenced a person may be dealt with by that court whether or not it is constituted in the way in which it was constituted when the person was sentenced. Court may only fix non-parole periods or make recognizance release orders for federal sentences of imprisonment "19aj. This Division does not authorise a court to fix a single non-parole period, or make a recognizance release order, in respect both of federal sentences of imprisonment and State or Territory sentences of imprisonment. Possible deportation no impediment to fixing non-parole period "19ak. Where a person is convicted of a federal offence, a court is not precluded from fixing a non-parole period in respect of the sentence imposed for that offence merely because the person is, or may be, liable to be deported from Australia. "Division 5—Conditional release on parole or licence Release on parole "19al. (1) Subject to section 19am, where there has been imposed on a person a federal sentence of, or federal sentences aggregating, more than 3 years but less than 10 years and a non-parole period has been fixed in relation to the sentence or sentences, the Attorney-General must, by order in writing, direct that the person be released from prison on parole: (a) At the end of the non-parole period; or (b) if the Attorney-General considers that in all the circumstances it would be appropriate to do so, on a specified day, not being earlier than 30 days before the end of the non-parole period. "(2) Subject to section 19am, where there has been imposed on a person a federal life sentence or a federal sentence of, or federal sentences aggregating, 10 years or more and a non-parole period has been fixed in relation to the person in respect of the sentence or sentences, the Attorney- General must, by order in writing: (a) direct that the person be released from prison on parole: (i) at the end of the non-parole period; or (ii) if the Attorney-General considers that in all the circumstances it would be appropriate to do so, on a specified day, not being earlier than 30 days before the end of the non-parole period; or (b) direct that the person is not to be released on parole at, or at any time before, the end of the non-parole period. "(3) An order directing that a person not be released at, or at any time before, the end of the non-parole period: (a) must not be made later than 3 months before the end of the non-parole period; and (b) must include a statement of reasons why the order was made; and (c) if the Attorney-General proposes to reconsider, at a later time, the question of the release of the person on parole—must indicate when the Attorney-General proposes to reconsider the question; and a copy of the order must be given to the person within 14 days after it was made. "(4) A parole order in relation to a federal sentence: (a) if the sentence is imprisonment for life in respect of that federal offence or any of those federal offences—must specify the day on which the parole period ends, being a day not earlier than 5 years after the person is released on parole; and (b) if it is proposed that, for any part of the parole period, the person should be subject to supervision—must specify the day on which the supervision period ends, being a day fixed in accordance with the requirements of the definition of 'supervision period' in subsection 16 (1). "(5) A parole order directing that a person be released from prison is sufficient authority for the release if, and only if, the person indicates, in writing, his or her acceptance of the conditions to which the order is subject by certifying to that effect either on the original parole order or on a copy of that order. Person not to be released on parole if still serving State or Territory sentence "19am. (1) Where: (a) at the time when a federal non-parole period (not being in respect of a life sentence) ends, the offender is serving, or is to serve, a State or Territory sentence (other than a life sentence for which a non-parole period has not been fixed); and (b) if a federal parole order were made at that time, the parole period would end while the offender would still be imprisoned in respect of the State or Territory offence; the parole order must not be made. "(2) Where: (a) at the time when a federal non-parole period (not being in respect of a life sentence) ends, the offender is serving, or is to serve, a State or Territory sentence (other than a life sentence for which a non-parole period has not been fixed); and (b) if a federal parole order were made at that time, the parole period would end after the offender was released, or released on parole, in respect of the State or Territory offence; the Attorney-General must make the parole order, but it does not take effect before the offender is eligible to be so released. "(3) Where, at the time when a federal non-parole period in respect of a life sentence, or sentences that include a life sentence, ends, the offender is serving, or is to serve, a State or Territory sentence (other than a life sentence for which a non-parole period has not been fixed), the Attorney-General must not make a parole order such that the parole period would end while the offender would still be imprisoned in respect of the State or Territory offence. "(4) Where, at the time when a federal non-parole period ends, the offender is serving, or is to serve, a State or Territory life sentence for which a non-parole period has not been fixed, a federal parole order must not be made. Parole order is subject to conditions "19an. (1) A parole order under section 19al: (a) is subject to the condition that the offender must, during the parole period, be of good behaviour and not violate any law; and (b) if, under subsection 19al (4), the day on which a supervision period ends is fixed in the parole order—is subject to the condition that the offender must, during the supervision period, be subject to the supervision of a parole officer or other person specified in the order and obey all reasonable directions of that officer or other person; and (c) is subject to such other conditions (if any) as the Attorney-General specifies in the order. "(2) The Attorney-General may, at any time before the end of the parole period, by order in writing, amend a parole order by varying or revoking a condition of the parole order or by imposing additional conditions in the parole order. "(3) An amendment of the parole order does not have effect until notice in writing of the amendment is given to the offender, being notice given before the end of the parole period. Release on licence "19ap. (1) Where a person is serving a federal sentence (whether or not a non-parole period has been fixed, or a recognizance release order made, in relation to that sentence), the Attorney-General may grant a licence under this subsection for the person to be released from prison. "(2) A person who is serving a federal sentence of imprisonment (whether or not a non-parole period has been fixed, or a recognizance release order made, in relation to that sentence), or another person acting on that person's behalf, may apply to the Attorney-General for a licence under this subsection for the first-mentioned person to be released from prison. "(3) An application under subsection (2) must: (a) be in writing; and (b) specify the exceptional circumstances relied on to justify the grant of the licence. "(4) The Attorney-General must not grant a licence under this section unless he or she is satisfied that exceptional circumstances exist which justify the grant of the licence. "(5) The Attorney-General is not required to consider an application under subsection (2) in respect of a person if an application has been made under that subsection in respect of that person within one year before the first-mentioned application. "(6) A licence in relation to a person: (a) if the person is subject to a federal life sentence—must specify the day on which the licence period ends, being a day not earlier than 5 years after the person is released on licence; and (b) if it is proposed that, for any part of the licence period, the person should be subject to supervision—must specify the day on which the supervision period ends, being a day fixed in accordance with the requirements of the definition of 'supervision period' in subsection 16 (1). "(7) A licence: (a) is subject to the condition that the offender must, during the licence period, be of good behaviour and not violate any law; and (b) if, under subsection (6), the day on which a supervision period ends is fixed in the licence—is subject to the condition that the offender must, during the supervision period, be subject to the supervision of a person specified in the licence and obey all reasonable directions of that person; and (c) is subject to such other conditions (if any) as the Attorney-General specifies in the licence. "(8) The Attorney-General may, at any time before the end of the licence period, by order in writing, amend a licence by varying or revoking a condition of a licence or by imposing additional conditions on a licence or by any or all of those means. "(9) An amendment of a licence does not have effect until notice of the amendment is given to the offender, being notice given before the end of the licence period. "(10) A licence directing that the offender be released from prison is sufficient authority for the release. When parole order or licence automatically revoked "19aq. (1) Where a person to whom a parole order relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or Territory offence committed during the parole period, the parole order is to be taken to have been revoked upon the imposition of the sentence or sentences. "(2) If, at the time of imposition of the sentence or sentences, the federal parole period has already ended, the parole order is to be taken to have been revoked as from the time immediately before the end of the parole period. "(3) Where a person to whom a licence relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or Territory offence committed during the licence period, the licence is to be taken to have been revoked upon the imposition of the sentence or sentences. "(4) If, at the time of imposition of the sentence or sentences, the licence period has already ended, the licence is to be taken to have been revoked as from the time immediately before the end of the licence period. "(5) Where the parole order or licence relating to a person is revoked under subsection (1) or (3), the person becomes liable to serve that part of the sentence or each sentence for a federal offence that the person had not served at the time of his or her release under that order or licence, subject to the operation of subsection 19aa (2) and subject (except in the case of a life sentence) to any further remission or reduction of that sentence. "(6) This section does not apply where the sentence or each sentence referred to in subsection (1) or (3) is a suspended sentence. Fixing of non-parole period etc. where parole or licence automatically revoked "19ar. (1) Where: (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 to life imprisonment or to a term of imprisonment of, or terms of imprisonment aggregating, more than 3 years in respect of a federal offence or federal offences committed during the parole period or licence period; and (c) under section 19aq, because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the 'new sentence or sentences'): (i) the parole order or licence is to be taken to have been revoked; and (ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the 'outstanding sentence or sentences') that the person had not served at the time of release; the court imposing the new sentence or sentences 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. "(2) Where: (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 to a term of imprisonment of, or terms of imprisonment aggregating, 3 years or less in respect of a federal offence or federal offences committed during the parole period or licence period; and (c) under section 19aq, because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the 'new sentence or sentences'): (i) the parole order or licence is to be taken to have been revoked; and (ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the 'outstanding sentence or sentences') that the person had not served at the time of release; then: (d) if one of the outstanding sentences is a sentence of life imprisonment or the new sentence or sentences and the unserved part of the outstanding sentence or sentences aggregate more than 3 years—the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the new sentence or sentences and the outstanding sentence or sentences; and (e) if the new sentence or sentences and the unserved part of the outstanding sentence or sentences aggregate 3 years or less—the court imposing the new sentence or sentences must not fix a non-parole period but may make a recognizance release order in respect of the new sentence or sentences and the outstanding sentence or sentences; and, in doing so, the court must have regard to the total period of imprisonment that the person is liable to serve. "(3) Where: (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 to a term or terms 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, because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the 'new sentence or sentences'): (i) the parole order or licence is to be taken to have been revoked; and (ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the 'outstanding sentence or sentences') that the person had not served at the time of release; then: (d) if one of the outstanding sentences is a life sentence or the unserved part of the outstanding sentence or sentences is or aggregates more than 3 years—the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the outstanding sentence or sentences; and (e) if the unserved part of the outstanding sentence or sentences is or aggregates 3 years or less—the court imposing the new sentence or sentences must not fix a non-parole period but may make a recognizance release order in respect of the outstanding sentence or sentences. "(4) Where, but for this subsection, the court would be required by subsection (1), (2) or (3) to fix a non-parole period, the court is not required to do so if it is satisfied, having regard to the nature and circumstances of the offence or offences concerned and to the antecedents of the offender, that it is not appropriate to do so. "(5) Where a court decides, under this section, that it is inappropriate either to fix a non-parole period, or to make a recognizance release order, 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, 19ag, 19aj and 19ak apply, according to their terms, in relation to the fixing of non-parole periods or the making of recognizance release orders under this section in the same way as they apply to the fixing of such periods or the making of such orders 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 or the failure to make, or properly to make, recognizance release orders under this section in the same way as it applies to such failures in relation to the fixing of such periods or the making of such orders under Division 4. Court to issue warrant of detention where person required to serve balance of sentence "19as. (1) Where: (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) under section 19aq, because of the imposition of one or more federal State or Territory sentences (in this subsection called the 'new sentence or sentences'): (i) that parole order or licence is to be taken to have been revoked; and (ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the 'outstanding sentence or sentences') that he or she had not served at the time of release; then: (c) the court imposing the new sentence or sentences must issue a warrant authorising the person to be detained in prison to undergo imprisonment for the unserved part of the outstanding sentence or sentences; and (d) the person must begin to serve the unserved part of the outstanding sentence or of the first to be served of the outstanding sentences on the day that the new sentence is, or the new sentences are, imposed; and (e) the unserved part of the outstanding sentence or of each of the outstanding sentences must be served in the State or Territory where the new sentence is, or the new sentences are, imposed. "(2) Where the court fails to issue a warrant under paragraph (1) (c), the Director of Public Prosecutions may apply to that court for such a warrant. What happens when later conviction is quashed? "19at. (1) Where: (a) a person who is serving or is to serve a federal sentence or sentences of imprisonment is released on parole or licence under this Act; and (b) under section 19aq, because of the imposition of one or more federal, State or Territory sentences (in this subsection called the 'new sentence or sentences'): (i) that parole order or licence is to be taken to have been revoked; and (ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the 'outstanding sentence or sentences') that he or she had not served at the time of release; then: (c) if the person appeals against the conviction or each conviction giving rise to a new sentence and is granted bail, pending the hearing of the appeal or appeals: (i) this Act has effect, pending the hearing of that appeal or those appeals, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19as were of no effect; and (ii) the person must be released from prison on the day the person is granted bail; and (d) if the appeal court sets aside the conviction or each of the convictions and the person concerned is granted bail or bail is extended pending a retrial of the offence or offences concerned: (i) this Act has effect, or continues to have effect, pending the completion of the retrial, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19as were of no effect; and (ii) if the person had not already been released from prison under paragraph (c), the person is to be released on the day the person is granted bail or bail is extended; and (e) if the conviction or each conviction appealed against is quashed on appeal or the person is found, on a retrial, not to be guilty of the offence or each of the offences: (i) this Act has effect, or continues to have effect, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19as were of no effect; and (ii) if the person had not already been released from prison under paragraph (c) or (d), the person must be released from prison on the day the conviction or each conviction is quashed on appeal or the person is found, on a retrial not to be guilty of the offence or offences; and (f) if paragraph (c), (d) or (e) applies—the unserved part of the outstanding sentence or sentences shall (except in the case of an outstanding sentence of life imprisonment) be reduced by the period spent in prison after the day the new sentence is or the new sentences are imposed and before the day of the person's release on bail or, if the person is not so released, before the resolution of the appeal. "(2) If the appeal against the conviction or each conviction giving rise to a new sentence is unsuccessful, section 19as applies, with effect from the day the appeal proceedings are completed, as if the new sentence or new sentences were imposed on th