Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT (No. 2) 1989 No. 4 of 1990 - SECT 19

19. After section 21D of the Principal Act the following sections are
inserted: Director of Public Prosecutions may appeal against reductions where
promised co-operation with law enforcement agencies refused

"21E. (1) Where a federal sentence, or a federal non-parole period, is reduced
by the court imposing the sentence or fixing the non-parole period because the
offender has undertaken to co-operate with law enforcement agencies in
proceedings, including confiscation proceedings, relating to any offence, the
court must:

   (a)  if the sentence imposed is reduced-specify that the sentence is being
        reduced for that reason and state the sentence that would have been
        imposed but for that reduction; and

   (b)  if the non-parole period is reduced-specify that the non-parole period
        is being reduced for that reason and state what the period would have
        been but for that reduction.

"(2) Where:

   (a)  a federal sentence is imposed or a federal non-parole period is fixed;
        and

   (b)  the sentence or non-parole period is reduced because the offender has
        undertaken to co-operate with law enforcement agencies as described in
        subsection (1); and

   (c)  after sentence, the offender, without reasonable excuse, does not
        co-operate in accordance with the undertaking; the Director of Public
        Prosecutions may, at any time while the offender is under sentence, if
        the Director of Public Prosecutions is of the opinion that it is in
        the interests of the administration of justice to do so, appeal
        against the inadequacy of the sentence or of the non-parole period.

"(3) Where an appeal is begun under this section against the inadequacy of a
sentence, or of a non-parole period, that was reduced because of a person's
undertaking to co-operate with law enforcement agencies, the court hearing the
appeal:

   (a)  if it is satisfied that the person has failed entirely to co-operate
        in
accordance with the undertaking-must substitute for the reduced sentence    o
reduced non-parole period the sentence, or non-parole period, that would have
been imposed on, or fixed in respect of, the person but for that reduction;
and

   (b)  if it is satisfied that the person has failed in part to co-operate in
        accordance with the undertaking-may substitute for the reduced
        sentence or reduced non-parole period such a sentence, or such a
        non-parole period, not exceeding in length the sentence that could be
        imposed, or the non-parole period that could be fixed, under paragraph
        (a), as it thinks appropriate.

"(4) In subsection (1):
'confiscation proceedings' includes a reference to proceedings for forfeiture
orders, pecuniary penalty orders and restraining orders under the
Proceeds of Crime Act 1987 and to restraining orders and pecuniary penalty
orders under Part XIII of the Customs Act 1901. Prescribed authorities and
parole officers

"21F. (1) Subject to subsection (2), the Governor-General may arrange with the
Governor of a State, the Australian Capital Territory Executive, the
Administrator of the Northern Territory or the Administrator of Norfolk
Island:

   (a)  for the performance by persons who hold office as Magistrates in that
        State or Territory of the functions of a prescribed authority under
        this Part; and

   (b)  for the performance by officers of that State or Territory of the
        functions of a parole officer under this Part.

"(2) Subsection (1) does not authorise an arrangement of the kind referred to
in paragraph (1) (a) to be entered into between the Governor-General and the
Australian Capital Territory Executive before 1 July 1990.

"(3) The Attorney-General may appoint officers of the Australian Public
Service to be parole officers for the purposes of this Part.

"(4) Notice of an arrangement under subsection (1) must be published in the
Gazette .

"(5) In this section:
'State' does not include the Australian Capital Territory or the Northern
Territory.''.