Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 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.