PENALTIES AND SENTENCES ACT 1992 - SECT 160B Sentence of 3 years or less and not a serious violent offence or sexual offence

PENALTIES AND SENTENCES ACT 1992 - SECT 160B

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 .