Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 123 of 1991 - SCHEDULE

                           SCHEDULE                         Section 22

FURTHER AMENDMENTS OF THE CRIMES ACT 1914 Subsection 16 (1):
Insert: "`aggregate', in relation to 2 or more sentences or terms of
imprisonment, or in relation to the unserved portions of such sentences or
terms, means the total effective sentence or term of imprisonment imposed, or
remaining unserved, as the case may be, having regard to whether the sentences
or terms are to be served cumulatively, partly cumulatively or concurrently.
EXAMPLES DEMONSTRATING MEANING OF "AGGREGATE" Example 1: The aggregate of 3
sentences, each of 2 years, to be served concurrently, is 2 years. Example 2:
The aggregate of 3 sentences, each of 2 years, where 2 sentences are to be
served concurrently and one is to be served cumulatively, is 4 years. Example
3: The aggregate of a one year unserved portion of a sentence, a 2 year
unserved portion of another sentence, to be served concurrently with the first
sentence, and a 2 year sentence to be served cumulatively, is 4 years.".
Paragraph 16B (b):
After "because" insert "of". Subsection 19 (1):

   (a)  Omit "must, by order, direct when each federal sentence imposed by it
        for the first-mentioned offence commences, but so that:", substitute
        "must, when imposing a federal sentence for that federal offence, or
        for each of those federal offences, by order direct when the federal
        sentence commences, but so that:".

   (b)  Omit "each federal sentence does not commence", substitute "no federal
        sentence commences". Paragraph 19 (3) (c):
Omit "each federal sentence does not commence", substitute "no federal
sentence commences". Sections 19AB, 19AC, 19AD and 19AE:
Repeal sections 19AB, 19AC, 19AD and 19AE, substitute: When court must fix
non-parole period or make a recognizance release order

"19AB. (1) Subject to subsection (3), where:

   (a)  a person is convicted of a federal offence, or of 2 or more federal
        offences at the same sitting; and

   (b)  a court imposes on the person a federal life sentence, or a federal
        sentence that exceeds, or federal sentences that, in the aggregate,
        exceed 3 years; and

   (c)  at the time the sentence or sentences are imposed, the person is not
        already serving or subject to a federal sentence; the court must
        either:

   (d)  fix a single non-parole period in respect of that sentence or those
        sentences; or

   (e)  make a recognizance release order.

"(2) Subject to subsection (3), 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 portions of which, in
        the aggregate, exceed 3 years; and

   (c)  at the time the further federal sentence is imposed, the person is not
        already subject to a non-parole period or recognizance release order
        in respect of a federal sentence; the court imposing the further
        sentence must either:

   (d)  fix a single non-parole period in respect of all federal sentences the
        person is to serve or complete; or

   (e)  make a recognizance release order.

"(3) Where, but for this subsection, a court would be required by this section
to fix a non-parole period, or make a recognizance release order, in respect
of a person, the court may decline to do either 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 neither is appropriate.

"(4) Where the court decides that neither a non-parole period nor a
recognizance release order is appropriate, the court must:

   (a)  state its reasons for so deciding; and

   (b)  cause the reasons to be entered in the records of the court. When
        court must fix a recognizance release order

"19AC. (1) Subject to subsections (3) and (4), 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 federal sentence that does not
        exceed, or federal sentences that, in the aggregate, do not exceed, 3
        years; and

   (c)  at the time the sentence or sentences are imposed the person is not
        already serving or subject to a federal sentence; the court must make
        a recognizance release order in respect of that sentence or those
        sentences and must not fix a non-parole period.

"(2) Subject to subsections (3) and (4), 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; and

   (c)  at the time the further federal sentence is imposed, the person is not
        already subject to a recognizance release order in respect of a
        federal sentence; the court imposing the further sentence 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) Where:

   (a)  the federal sentence or federal sentences referred to in paragraph (1)
        (b); or

   (b)  the unserved portions of the federal sentences referred to in
        paragraph (2) (b); in the aggregate, do not exceed 6 months, the court
        is not required to make a recognizance release order.

"(4) Where, but for this subsection, a court would be required by this section
to make a recognizance release order in respect of a person, the court may
decline to do so 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 such an order is not appropriate.

"(5) Where the court decides that a recognizance release order is not
appropriate, the court must:

   (a)  state its reasons for so deciding; and

   (b)  cause the reasons to be entered in the records of the court. Persons
        already subject to a non-parole period

"19AD. (1) Where:

   (a)  a non-parole period (in this section called the `existing non-parole
        period') has been fixed in respect of a federal sentence or federal
        sentences; and

   (b)  while the offender is serving the existing non-parole period, a court
        imposes a further federal sentence on the person; this section
        applies.

"(2) Where this section applies, the court must, after considering the
relevant circumstances, including:

   (a)  the existing non-parole period; and

   (b)  the nature and circumstances of the offence or offences concerned; and

   (c)  the antecedents of the person; do one of the following things:

   (d)  make an order confirming the existing non-parole period;

   (e)  fix a new single non-parole period in respect of all federal sentences
        the person is to serve or complete;

   (f)  where the court decides that, in the circumstances, a non-parole
        period is not appropriate - cancel the existing non-parole period and
        decline to fix a new non-parole period.

"(3) Where, under paragraph (2) (e), the court fixes a new single non-parole
period, it:

   (a)  is to be treated as having superceded the existing non-parole period;
        and

   (b)  must not be such as to allow the person to be released on parole
        earlier then would have been the case if the further sentence had not
        been imposed.

"(4) Where this section applies, the court must not make a recognizance
release order.

"(5) Where, under paragraph (2) (f), the court declines to fix a new
non-parole period, the court must:

   (a)  state its reasons for deciding that a non-parole period is not
        appropriate; and

   (b)  cause the reasons to be entered in the records of the court. Persons
        already subject to recognizance release order

"19AE. (1) Where:

   (a)  a person is subject to a recognizance release order (in this section
        called the `existing recognizance release order') made in respect of a
        federal
sentence or federal sentences; and   (b)  before the person is released under
that order, the court imposes a further federal sentence on the person; this
section applies.

"(2) Where this section applies, the court must, after considering the
relevant circumstances, including:

   (a)  the existing recognizance release order; and

   (b)  the nature and circumstances of the offence or offences concerned; and

   (c)  the antecedents of the person; do one of the following things:

   (d)  make an order confirming the existing recognizance release order;

   (e)  make a new recognizance release order in respect of all federal
        sentences the person is to serve or complete;

   (f)  where, as a result of the further federal sentence being imposed, the
        person is to serve or to complete a federal life sentence or federal
        sentences the unserved portions of which, in the aggregate, exceed 3
        years and the court decides that it is appropriate to fix a non-parole
        period - fix a single non-parole period in respect of all federal
        sentences the person is to serve or complete;

   (g)  where the court decides that, in the circumstances, neither a
        recognizance release order nor a non-parole period is appropriate -
        cancel the existing recognizance release order and decline to make a
        new recognizance release order.

"(3) Where, under paragraph (2) (e), the court makes a new recognizance
release order, that order:

   (a)  is to be treated as having superceded the existing 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.

"(4) Where, under paragraph (2) (f), the court fixes a single non-parole
period, it:

   (a)  is to be treated as having superceded the existing recognizance
        release order; and

   (b)  must not be such as to allow the person to be released on parole
        earlier than he or she would have been released if the further
        sentence had not been imposed.

"(5) Where, under paragraph (2) (g), the court declines to make a new
recognizance release order, the court must:

   (a)  state its reasons for deciding that neither a recognizance release
        order nor a non-parole period is appropriate; and

   (b)  cause the reasons to be entered in the records of the court.".
        Paragraph 19AH (1) (a):
After "sentence", insert "imposed on a person".