Crimes Legislation Amendment Act (No. 2) 1989 (Cth)
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENTS OF THE CRIMES ACT 1914 AND CONSEQUENTIAL AMENDMENTS
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
16. Interpretation
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
Section
16c. Fines
16d
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
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
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
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:
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 months20bb. 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
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
20bq. Person suffering from mental illness or intellectual disability
20br. Means by which court may be informed
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
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
Section
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
30. Lesser terms of imprisonment fixed under
Commonwealth Prisoners Act 1967 before commencing day31. Parole orders made under
Commonwealth Prisoners Act 1967 before commencing day32. Parole orders revoked or cancelled under
Commonwealth Prisoners Act 1967 before commencing day33. 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
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
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“(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
(ii) by a pecuniary penalty order made under the
(iii) by a superannuation order made under the
(iv) by a superannuation order made under the
(b) to costs or other amounts ordered to be paid by offenders.”.
(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:
“16. (1) In this Part, unless the contrary intention appears:
‘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;
(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;
‘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 onparole, whether that part of the period is fixed or recommended by a court or fixed by operation of law;
(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;
(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;
(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;
“(2) In this Part, expressions in the plural do not imply that expressions in the singular do not include the plural.
“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.
“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.
“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.
“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.
“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.
“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.
“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.”.
(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).
(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.”.
(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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.
“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:
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.
“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.
“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 that day by the court to which the appeal was made.
“(3) Nothing in subsection (1) prevents a person from being detained in prison under any other law.
“19au. (1) The Attorney-General may, by instrument in writing, revoke a parole order or licence at any time before the end of the parole period or licence period:
(a) if the offender has, during that period, failed to comply with a condition of the order or licence; or
(b) if there are reasonable grounds for suspecting that the offender has, during that period, so failed to comply;
and the instrument of revocation must specify the condition that was breached or is suspected of having been breached.
“(2) Before revoking a parole order or a licence, the Attorney-General must, subject to subsection (3), by notice in the prescribed form, notify the person to whom the order or licence relates of:
(a) the condition of the order or licence alleged to have been breached; and
(b) the fact that the Attorney-General proposes to revoke the order or licence at the end of 14 days after the day the notice is issued unless the person, within that period, gives the Attorney-General written
reasons why the order or licence should not be revoked and those reasons are accepted by the Attorney-General.
“(3) Subsection (2) does not apply where:
(a) the person’s whereabouts are and remain, after reasonable inquiries on behalf of the Attorney-General, unknown to the Attorney-General; or
(b) there are circumstances of urgency that, in the opinion of the Attorney-General, require the parole order or licence to be revoked without notice being given to the person; or
(c) the person has left Australia; or
(d) in the opinion of the Attorney-General it is necessary, in the interests of the administration of justice, to revoke the parole order or licence without giving notice to the person.
“19av. (1) A constable may, without warrant, arrest a person whose parole order or licence has been revoked by the Attorney-General.
“(2) The Attorney-General or the Director of Public Prosecutions may, in relation to a person whose parole order or licence has been revoked by the Attorney-General, apply to a prescribed authority for a warrant in the form prescribed for the purposes of this subsection for the arrest of the person.
“(3) A person who is arrested under subsection (1) or (2), must, as soon as practicable after that arrest, be brought before a prescribed authority in the State or Territory in which the person is arrested.
“19aw. (1) Where a prescribed authority before whom a person is brought under section 19av because of an order revoking a parole order or licence is satisfied:
(a) that the person is the person named in that revocation order; and
(b) that the person was notified by the Attorney-General of the proposal to make the revocation order; and
(c) that the revocation order is still in force;
the prescribed authority must issue a warrant, in the prescribed form:
(d) authorising any constable to take the person to a specified prison in the State or Territory in which the person was arrested; and
(e) directing that the person be detained in prison in that State or Territory to undergo imprisonment for the unserved part of the sentence, or of each sentence, of imprisonment (in this section called the
‘outstanding sentence or sentences’ ) that the person was serving or had yet to serve at the time of his or her release; and(f) subject to subsection (3), fixing a non-parole period in respect of the outstanding sentence or sentences.
“(2) If the prescribed authority cannot complete the hearing under subsection (1) immediately, the prescribed authority may issue a warrant for the remand of the person in custody pending completion of the hearing.
“(3) The prescribed authority is not required to fix a non-parole period under paragraph (1) (f) if:
(a) the prescribed authority considers it inappropriate to do so because of the nature of the breach of the conditions of the order or licence that led to its revocation; or
(b) the unserved part of the outstanding sentence or sentences is, or aggregates, 3 months or less.
“(4) Where a prescribed authority issues a warrant, the prescribed authority must specify in the warrant the particulars of the unserved part of each outstanding sentence and, if a non-parole period is fixed, particulars of that period.
“(5) A non-parole period fixed under this section has effect as if it had been fixed by a court in respect of the outstanding sentence or sentences and section 19al applies in relation to that non-parole period according to its terms.
“(6) Where a person brought before a prescribed authority under section 19av is dealt with in accordance with this section, the unserved part of any outstanding sentence or sentences that the person was serving or had yet to serve at the time of his or her release, is to be reduced by any period of remand under subsection (2).
“19ax. (1) Where a prescribed authority before whom a person is brought under section 19av because of an order revoking a parole order or licence is satisfied that the person so brought is the person named in that revocation order but is not satisfied that the person was notified by the Attorney-General of the proposal to make that revocation order, the prescribed authority must:
(a) immediately notify the Attorney-General that the person has been brought before that prescribed authority; and
(b) order that the person be detained in custody until the Attorney- General orders that the revocation order be rescinded or until the completion of proceedings under subsection 19aw (1) as applied by subsection (6) of this section.
“(2) Where the Attorney-General is notified that a person has been brought before a particular prescribed authority, the Attorney-General must, as soon as practicable, notify the person, in writing, of the conditions of the parole order or licence alleged to have been breached and request that the person give him or her, within 14 days of notification of those reasons, a written submission stating why that parole order or licence should not have been revoked.
“(3) If, within 14 days of a person receiving notification under subsection (2), the person fails to make a written submission to the Attorney-General, the Attorney-General must, as soon as practicable after the end of that period, notify the prescribed authority of a decision not to rescind the revocation order.
“(4) If, within 14 days of notification under subsection (2), the person makes a written submission to the Attorney-General, the Attorney-General must decide, as soon as practicable after receiving that submission, and on the basis of that submission and any other material the Attorney-General considers to be relevant, whether or not to rescind the revocation order and must, as soon as practicable after so deciding, inform the prescribed authority and the person, in writing, of the decision.
“(5) If the prescribed authority is notified of a decision to rescind the revocation order, the prescribed authority must immediately order the person to be released from prison.
“(6) If the prescribed authority is notified of a decision not to rescind the revocation order made in respect of the person, subsection 19aw (1) applies to the person so as to authorise the issue of a warrant as if the prescribed authority had been satisfied of the matters referred to in paragraphs 19aw (1) (a), (b) and (c) and subsections 19aw (3), (4), (5) and (6) apply to that person according to their terms.
“19ay. (1) Where a prescribed authority issues a warrant in respect of a person under subsection 19aw (1), or under that subsection as applied by section 19ax, the person may appeal to the Supreme Court of the State or Territory in which the person was arrested against:
(a) the issue of the warrant; or
(b) the calculation, for the purposes of the warrant, of the unserved part of any outstanding sentence; or
(c) the fixing, for the purposes of the warrant, of a non-parole period or the refusal to fix such a period.
“(2) An appeal may be begun by lodging a notice of appeal with the court within 21 days after the day on which the warrant to which the appeal relates was issued.
“(3) An appeal is to be by way of rehearing, but the court may have regard to any evidence given before the prescribed authority.
“(4) The court may, on the application of the person making the appeal, order the release of the person from prison pending the disposal of the appeal, on such conditions as the court determines, and, upon the court’s so doing, the warrant appealed against shall not, unless the person breaks a condition of his or her release, be executed or further executed before the appeal is disposed of.
“(5) The court must:
(a) if the appeal is against the issue of the warrant—either confirm or revoke the warrant; or
(b) if the appeal is against the calculation of the unserved part of any outstanding sentence—either confirm the warrant or vary the warrant, so far as it relates to that calculation, as specified in the order; or
(c) if the appeal is against the fixing of a non-parole period or the refusal to fix such a period—either confirm the warrant or vary the warrant, if it fixes a non-parole period, as specified in the order.
“(6) Where a warrant is revoked under paragraph (5) (a), the person to whom the warrant relates, if the court has not already ordered the person’s release under subsection (4), is to be released from prison immediately.
“(7) In this section:
“19az. (1) A prescribed authority exercising any powers under this Division may take evidence on oath or affirmation and for that purpose may administer an oath or affirmation.
“(2) A prescribed authority exercising any powers under this Division may summon a person to appear before the prescribed authority to give evidence and to produce such documents and articles (if any) as are referred to in the summons.
“(3) A summons under this section shall be served in the same manner as a summons to a witness to appear before a court of summary jurisdiction in the State or Territory where the summons under this section is issued.
“19aza. (1) A person who has been served with a summons to appear before a prescribed authority must not, without reasonable excuse, fail to appear in obedience to the summons.
“(2) A person who has been served with a summons to produce a document or article to a prescribed authority shall not, without reasonable excuse, fail to produce the document or article.
“(3) A person who appears before a prescribed authority shall not, without reasonable excuse, refuse to be sworn or make an affirmation or refuse to produce documents or articles, or to answer questions, that he or she is required by the prescribed authority to produce or answer.
Penalty: $1,000.
“19azb. A parole order may be made or a licence granted, even if a previous parole order or licence has been revoked.
“19azc. (1) Where a parole order is made, or a licence is granted, in relation to a person:
(a) until the parole period or licence period ends without the parole order or licence being revoked, or until the person is otherwise discharged from imprisonment, the person is to be taken to be still under sentence and not to have served the part of any sentence that remained to be served at the beginning of the parole period or licence period; and
(b) if the parole period or licence period ends without the parole order or licence being revoked, the person is to be taken to have served the part of any sentence that remained to be served at the beginning of the parole period or licence period and to have been discharged from imprisonment.
“(2) Where a parole order or licence in relation to a person is, under subsection 19aq (2) or (4), to be taken to have been revoked as from the time immediately before the end of the parole period or licence period, subsection (1) has effect as if the parole period or the licence period had not ended without the parole order or the licence being revoked.
“19azd. (1) A law of a State or Territory providing for a State or Territory offender to be granted leave of absence from prison, including leave of absence granted by order of a court, applies to a federal offender who is serving a sentence in that State or Territory as if the federal offender were a State or Territory offender serving an equivalent State or Territory sentence in that State or Territory.
“(2) A law of a State or Territory providing for a State or Territory offender imprisoned in that State or Territory to be released:
(a) up to 24 hours before the time at which his or her sentence would otherwise have ended; or
(b) where the release day falls on a Saturday, a Sunday or a day which is a public holiday—on the last day before such a day which is not a Saturday, a Sunday or a public holiday;
applies to a federal offender who is serving a sentence in that State or Territory as if the federal offender were a State or Territory offender serving an equivalent State or Territory sentence in that State or Territory.
“(3) A law of a State or Territory providing for a State or Territory offender to be released from prison under a pre-release permit scheme
(however called) that is prescribed for the purposes of this subsection, applies to a federal offender who is serving a sentence in that State or Territory, subject to any conditions relating to eligibility to participate that are specified in the regulations that prescribe that scheme, as if the federal offender were a State or Territory offender serving an equivalent State or Territory sentence in that State or Territory.”.
(
a ) by omitting from paragraph (1) (a) “an offence against a law of the Commonwealth” and substituting “a federal offence or federal offences”;(
b ) by inserting in paragraph (1) (b) “, in respect of that charge or more than one of those charges,” after “satisfied”;(
c ) by inserting in paragraph (1) (c) “or charges in respect of which the court is so satisfied” after “the charge”;(
d ) by inserting in paragraph (d) “in respect of any charge referred to in paragraph (c)” after “conviction”;(
e ) by inserting in subparagraph (1) (d) (ii) “or offences concerned” after “the offence” (wherever occurring);(
f ) by omitting from subparagraph (1) (d) (iii) “the period specified” and substituting “a period, not exceeding 2 years, that is specified”;(
g ) by inserting after subsection (2) the following subsection:“(2a) A person is not to be imprisoned for a failure to pay an amount required to be paid under an order made under this section.”;
(
h ) by omitting from subsection (3) “a charge against a person is dismissed” and substituting “a charge or charges against a person is or are dismissed”;
(j) by inserting in subsection (3) “or offences concerned” after “the offence” (wherever occurring);(
k ) by inserting in subsection (3) “or sentences” after “a sentence”.
(a) by omitting “an offence against the law of the Commonwealth” and substituting “a federal offence or federal offences”;
(b) by inserting in paragraph (1) (a) “or offences” after “offence” (wherever occurring);
(c) by omitting from subparagraph (1) (a) (iv) “the period specified in the order in accordance with subparagraph (i)” and substituting “a period, not exceeding 2 years, that is specified in the order”;
(d) by omitting paragraph (1) (b) and substituting the following paragraph:
“(b) sentence the person to imprisonment in respect of the offence or each offence but direct, by order, that the person
be released, upon giving security of the kind referred to in paragraph (a) either forthwith or after he or she has served a specified period of imprisonment in respect of that offence or those offences that is calculated in accordance with subsection 19af (1).”;
(e) by omitting from subsection (2) “, or direct that a person be released in pursuance of an order made under subsection (1)” and substituting “by order made under paragraph (1) (a)”;
(f) by inserting after subsection (2) the following subsection:“(2a) A person is not to be imprisoned for a failure to pay an amount required to be paid under an order made under subparagraph (1) (a) (ii)”;
(g) by inserting in subsection (3) “or each offence” after “the offence”;
(h) by omitting from subsection (5) “an offence” and substituting “the offence or each offence”.
(
a ) by omitting from subsection (1) “whether before or after the expiration of the period specified in the order in accordance with subparagraph 19b (1) (d) (i) or 20 (1) (a) (i)” and substituting “before the end of the period specified in the order in accordance with subparagraph 19b (l) (d) (i) or 20 (1) (a) (i) or before the completion of the sentence or last to be served of the sentences imposed under paragraph 20 (1) (b)”;
(a) is to be treated as having superseded that previous non-parole period; and
(b) is to be treated as having commenced on the commencement of that previous non-parole period; and
(c) is not to be such as would render the person eligible to be released on parole before:
(i) the commencing day; or
(ii) the day on which that previous non-parole period would have been served;
whichever is the later.
(5) A non-parole period that is fixed in accordance with this section is to be taken, for the purposes of the Principal Act as amended by this Act, to have been fixed under Part 1b of the Principal Act as so amended.
(6) A court is not precluded from fixing a non-parole period in respect of a sentence or sentences on an application under this section by virtue only of the fact that the person is, or may be, liable to be deported from Australia.
(7) An application under subsection (1) to the court that has imposed a sentence of life imprisonment on a person for a federal offence 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 so sentenced.
(a) a person was sentenced before the commencing day to a term of imprisonment for a federal offence; and
(b) a court had fixed or purported to fix a lesser term of imprisonment under section 4 of the
Commonwealth Prisoners Act 1967 as the period during which the person is not eligible to be released on parole; and(c) on that day, that lesser period of imprisonment had not been served or, if it had been served, the person’s release on parole had been deferred for whatever reason;
that lesser term is to be treated, on and after that day, for all purposes of the Principal Act as amended by this Act, as if it were a non-parole period that had been duly fixed in respect of that sentence under Division 4 of the Principal Act as so amended.
(2) Where:
(a) a person was sentenced before the commencing day to terms of imprisonment for more than one federal offence; and
(b) a court had fixed or purported to fix lesser terms of imprisonment under section 4 of the
Commonwealth Prisoners Act 1967 of the kind referred to in paragraph (1) (b) in respect of more than one of those sentences; and(c) the lesser periods were concurrent, partly concurrent or cumulative and, on that day, the aggregate period required to be served to satisfy all of those lesser periods had not been served or, if that
aggregate period had been served, the person’s release on parole had been deferred for whatever reason;
that aggregate period is to be treated, on and after that day, for all purposes of the Principal Act as amended by this Act, as if it were a single non-parole period that had been duly fixed, in respect of all the sentences in respect of which it was fixed, under Division 4 of the Principal Act as so amended.
(3) Where the term of a sentence of imprisonment in respect of which a lesser term of imprisonment was fixed under section 4 of the
(4) Where, in relation to a federal sentence of imprisonment imposed upon a person before the day when section 9 of this Act commences, a minimum term of imprisonment (however described) has purportedly been fixed by operation of State or Territory legislation, that purported minimum term of imprisonment is to be treated, for the purpose of this section, in the same way as if it were a lesser term of imprisonment fixed by a court under section 4 of the
(a) as if it had been made under section 19AL of the Principal Act as amended by this Act; and
(b) if the period of the parole order exceeds 5 years—as if the parole period ended on the commencing day or 5 years after the licence was granted, whichever happens last.
(2) Where a person sentenced to a term of imprisonment in respect of a federal offence has had a parole order made under the
(a) by omitting “person” from paragraph (c) of the definition of “account” in subsection (1) and substituting “person other than the cash dealer”;
(b) by adding at the end of the definition of “account” in subsection (1) “or for any other form of safe deposit”;
(c) by inserting or a person engaged under section 40a, who is” after “Agency” in the definition of “authorised officer” in subsection (1);
(d) by omitting “(including a totalisator agency board)” from paragraph (n) of the definition of “cash dealer” in subsection (1) and substituting “, including a totalisator agency board and any other person who operates a totalisator betting service”;
(e) by inserting “, (5a)” after “18 (5)” in the definition of “CTR information” in subsection (1);
(f) by omitting from subsection (1) the definition of “acceptable referee” and substituting the following definition:
“
‘acceptable referee’ means a person in a class of persons declared by the Minister, by notice in theGazette , to be acceptable referees for the purposes of this definition;”;(g) by inserting in subsection (1) the following definition:
“
‘identifying cash dealer’ means a cash dealer in respect of whom a declaration under section 8a is in force;”.
“8a. (1) A cash dealer may apply in writing to the Director to be declared an identifying cash dealer.
“(2) An application must be accompanied by a written undertaking in the approved form, by which the applicant undertakes:
(a) to carry out the verification procedures under subsection 20 (8), where that subsection applies, and to take all reasonable steps to complete the procedures promptly in each case; and
(b) to report under section 16 in relation to information obtained by the applicant as a result of carrying out the procedures mentioned in paragraph (a); and
(c) to give the Director, in respect of such periods as are determined by the Director, written reports on the applicant’s compliance with this Act; and
(d) to do such other things (if any) as are specified in the form.
“(3) An application, and the undertaking accompanying it, must be signed by the applicant personally or, if the applicant is a body corporate, by its principal executive officer.
“(4) On receipt of an application and an undertaking, the Director may, by notice in the
“(5) The Director may, by notice in the
“(6) A declaration stops being in force on its revocation or during a period when it is suspended.
“(7) The Director may, for the purposes of this section, approve different forms to be used by different classes of applicants.
“(8) In this section:
‘principal executive officer’ , in relation to a body corporate means the person who is for the time being its principal executive officer, whether or not the person is a director of the body corporate.”.
“14a. (1) The Director may, by written notice to a cash dealer, require the dealer to give the authorised officer specified in the notice access to the dealer’s premises so specified on the day and during the hours so specified.
“(2) The hours specified in a notice to a cash dealer must occur during the dealer’s normal business hours.
“(3) A cash dealer must comply with a notice given to the dealer.
“(4) Where an authorised officer is given access to premises in compliance with a notice, the officer may:
(a) for the purposes of monitoring the cash dealer’s compliance with section 7, inspect:
(i) any records relating to significant cash transactions to which the dealer is a party, being records kept on, or accessible from, the premises; and
(ii) any system used by the dealer at those premises for keeping such records; and
(b) for the purposes of monitoring the cash dealer’s compliance with any undertaking given by it under section 8a, inspect:
(i) any records relating to the verification procedures carried out by the cash dealer under subsection 20 (8), being records kept on, or accessible from, the premises; and
(ii) any system used by the dealer at those premises for keeping such records.”.
(
(
(b) by omitting paragraph (7) (d) and substituting the following paragraph:
“(d) be given to:
(i) if the transfer is effected by a person taking the currency out of, or bringing it into, Australia with the person—a customs officer; and
(ii) in any other case—the Director or a customs officer.”;
(c) by inserting after subsection (7) the following subsection:
“(7a) A report under this section, other than a report mentioned in paragraph (5) (c) or (d), must be given:
(a) if subparagraph (7) (d) (i) applies—at the time the currency concerned is brought into, or taken out of, Australia; and
(b) in any other case—at any time before the transfer takes place.”;
(
(a) by inserting in subparagraph (1) (a) (i) “or for any other form of safe deposit” after “box”;
(b) by inserting in subparagraph (1) (b) (i) “or for any other form of safe deposit” after “box”;
(c) by inserting after subsection (2) the following subsections:
“(2a) If, where the account is with an identifying cash dealer, the unverified signatory gives the cash dealer (whether before, on or after the infringement day) a verification statement that is not accompanied by an identification reference in accordance with section 21 the account becomes, or remains, blocked by force of this section until:
(a) the cash dealer, having completed the verification procedures prescribed for the purposes of subsection 20 (8), verifies the identity of the signatory; or
(b) the signatory gives the cash dealer an identification reference in accordance with section 21; or
(c) the Director gives a notice under subsection 19 (2).
“(2b) Subsection (2a) does not apply if:
(a) the cash dealer has verified the identity of the signatory under subsection 20 (8) in respect of another account with the cash dealer; or
(b) the cash dealer holds an identification reference in accordance with section 21 for the signatory in respect of another account with the cash dealer;
and the verification statement specifies that other account in sufficient detail for the other account to be identified.”;
(d) by omitting subsection (5) and substituting the following subsections:
“(5) Where an account becomes blocked under subsection (2), the cash dealer commits an offence against this subsection at the end of the day after the infringement day unless it has given the Director written notice stating:
(a) the reasons why the account became blocked; and
(b) the name and address of the unverified signatory and sufficient details of the account for the account to be identified.
“(5a) Where an account becomes blocked under subsection (2a), the cash dealer commits an offence against this subsection at the end of 14 days after the infringement day unless:
(a) the account was previously blocked under subsection (2) and it had given the Director a written notice under subsection (5); or
(b) in any other case—it has given the Director a written notice stating the matters mentioned in paragraphs (5) (a) and (b)”;
(e) by inserting in paragraph (7) (a) “or (5a)” after “(5)”;
(f) by omitting paragraph (7) (b) and substituting the following paragraph:
“(b) after the notice is given or sent by the cash dealer the account becomes unblocked because the unverified signatory gives the cash dealer a verification statement or an identification reference, or the cash dealer verifies the identity of the signatory under subsection 20 (8);”;
(g) by omitting from subsection (7) “statement has been given” and substituting “account has become unblocked for the reason specified in the notice”;
(h) by inserting in subsection (9) “(5a)” after “(5),”;
(j) by adding at the end of paragraph (10) (a) “or”;
(k) by adding at the end of subsection (10) the following word and paragraph: .
“or; (d) a period instead of the period specified in subsection (5a).”.
“(b) the unverified signatory has given a verification statement or identification reference and the account should not, as a result, be blocked; or”.
(a) by omitting from subsections (2) and (3) “subsection (4)” and substituting “this section”;
(b) by inserting after subsection (4) the following subsection:
“(4a) A statement in relation to an account with a cash dealer need not be accompanied by an identification reference for a signatory to the account if the cash dealer has verified the identity of the signatory under subsection (8) in respect of another account with the cash dealer.”;
(c) by adding at the end the following subsections:
“(7) A statement in relation to an account with an identifying cash dealer need not be accompanied by an identification reference under paragraph (2) (b) or (3) (b).
“(8) Subject to subsection (9), where a statement of the kind mentioned in subsection (7) is not accompanied by an identification reference for a signatory to the account concerned, the cash dealer must carry out the prescribed verification procedure for the purpose of identifying the signatory.
“(9) Where a statement of the kind mentioned in subsection (7) is not accompanied by an identification reference for a signatory to the account concerned but an identification reference for that signatory is subsequently given to the cash dealer, the cash dealer need not carry out, or continue to carry out, the verification procedure mentioned in subsection (8).”.
(a) by omitting from subsection (1) “statutory declaration by an acceptable referee” and substituting “written reference by an acceptable referee, signed by the referee and”;
(b) by omitting from paragraphs (1) (a) and (b) “declaration” and substituting “reference”;
(c) by omitting from subsection (3) “a declaration by the referee to the effect that the statement” and substituting “a statement by the referee to the effect that the reference”;
(d) by inserting after subsection (3) the following subsection:
“(3a) An acceptable referee, or any other person, must not, knowingly or recklessly:
(a) make a statement in an identification reference that is false or misleading in a material particular; or
(b) omit from an identification reference any matter or thing without which the reference is misleading in a material particular.
Penalty: $10,000 or imprisonment for 4 years, or both.”.
(
“(1a) Where a cash dealer makes or obtains a record of any information in the course of carrying out a verification procedure under subsection 20 (8), the cash dealer must retain the record for the period of 7 years after the day on which the relevant account is closed.”;
(
(
“(ba) if the cash dealer does not hold an identification reference for the person at the time when the record is made and the cash dealer (whether before or after that time) carries out a verification procedure in relation to the person under subsection 20 (8)—retain the record, together with any record of information made or obtained in the course of carrying out the verification procedure, for the period for which the record of information must be retained; or”;
(
(
(
(
“(4a) Where:
(a) a cash dealer makes or obtains a record of any information in the course of carrying out a verification procedure under subsection 20 (8); and
(b) the relevant account is identified, under subsection 20 (4) or, in a statement in relation to another account with the cash dealer;
subsection (1a) applies as if the reference to the day on which the account is closed were a reference to the day on which the last of those accounts is closed.”;
(
“(ba) a person engaged under section 40a;”.
(
“; and (c) the Australian Securities Commission.”;
(
(
“(h) a member or acting member of the Australian Securities Commission; and
(j) a member of the staff of the Australian Securities Commission.”;
(
d ) by adding at the end of subsection (16) “and to the State Drug Crime Commission of New South Wales”;(
e ) by omitting from paragraph (17) (b) “and”;(
f ) by adding at the end of subsection (17) the following paragraphs:“(d) the Chairperson or acting Chairperson of the State Drug Crime Commission of New South Wales;
(e) a member or acting member of that Commission; and
(f) a member of the staff of that Commission.”.
“(1) A cash dealer commits an offence against this section if the cash dealer refuses or fails:
(a) to communicate information to the Director when and as required under Part II or III; or
(b) to comply with a notice under subsection 14a (1).”.
“(aa) misleading an identifying cash dealer in the carrying out of a verification procedure under subsection 20 (8);”.
(2) Section 33 of the Principal Act is amended:
(a) by omitting subsection (3) and substituting the following subsections:
“(3) An officer may, with such assistance as is reasonable and necessary, examine an article which a person has with him or her if the person:
(a) is about to leave Australia or has arrived in Australia; or
(b) is about to board or leave, or has boarded or left, any ship or aircraft;
for the purpose of finding out whether the person has with him or her any currency in respect of which a report under section 15 is required.
“(3a) A police officer or a customs officer (being an officer in respect of whom a declaration under section 196 of the
Customs Act 1901 is in force) may, with such assistance as is reasonable and necessary, search a person if:(a) the person is about to leave Australia, or has arrived in Australia, or the person is about to board or leave, or has boarded or left, any ship or aircraft; and
(b) the officer has reasonable grounds to suspect that there is on the person, or in clothing being worn by the person, currency in respect of which a report under section 15 is required;
for the purpose of finding out whether the person has with him or her any such currency.”;
(
(
(
(
“(7a) An officer may, with such assistance as is reasonable and necessary, go onto or enter any prescribed place and examine the place, and any goods found at or in it, for the purpose of finding out whether there is at or in the place, or the goods, any currency in respect of which a report under section 15 is required.”;
(
(
“
(a) a place for the examination of goods on landing, being a place appointed under section 17 of the
Customs Act 1901 ; or(b) a warehouse in respect of which a warehouse licence, within the meaning of Part V of that Act, is in force; or
(c) a port, airport, wharf or boarding station appointed under section 15 of that Act.”.
“33a. (1) Where an officer has reasonable grounds to believe that a person is guilty of an offence against section 15, the officer may arrest the person without warrant.
“(2) Where an officer has reasonable grounds to believe that a person has assaulted any officer in the execution of that officer’s duties, the first-mentioned officer may arrest the person without warrant.
“(3) A person must not resist, obstruct or prevent the arrest of any person under this section.
Penalty: $1,000.
“(4) Where a person is arrested under this section, sections 212 and 213 of the
“(5) In this section:
“40a. (1) The Director may engage, under written agreements, persons having suitable qualifications and experience to perform services as consultants to the Agency.
“(2) The terms and conditions of engagement of persons mentioned in subsection (1) are such as the Director determines from time to time.”.
“42a. The regulations may amend Schedule 1, 2, 3 or 4;
(a) by varying or omitting any of the details referred to in the Schedule or any other matter contained in the Schedule; and
(b) by inserting new details, or other matter, in the Schedule.”.
(a) by inserting in subsection (1) “or of the Supreme Court of a State or Territory” after “Federal Court”;
(b) by inserting in subsection (3) “or of the Supreme Court of a State or Territory” after “Federal Court”;
(c) by inserting in subsection (4) “or of the Supreme Court of a State or Territory” after “Federal Court”.
_____________
SCHEDULE Section 34
FURTHER CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
Omit item 1, substitute:
“1. Sections 8a, 9, 10, 13, 14, 15, 15a, 15b, 15c, 15d and 16ba all the provisions of Divisions 1 to 9 (inclusive) of Part 1b, and sections 20c, 21b and 21e of the
(a) Omit paragraph (a), substitute:
“(a) Sections 8a, 9, 10, 13, 14, 15, 15a, 15b, 15c, 15d and 16ba, all the provisions of Divisions 1 to 9 (inclusive) of Part 1b, and sections 20c, 21b and 21e of the
Crimes Act 1914 ; and”.
(b) Omit from paragraph (b) “1903; and”, substitute “1903.”.
(c) Omit paragraph (c).
Omit the section, substitute the following section:
“72. (1) Sections 16, 19a to 19azd (other than section 19ah), 20, 20a and 20aa apply in relation to a service tribunal that imposes a punishment of imprisonment for a specific period on a convicted person as if the service tribunal were a court of, and the person was convicted in, the Australian Capital Territory.
“(2) The fixing of a non-parole period by a service tribunal under the provisions of the
(a) Omit “lesser term of imprisonment” (wherever occurring), substitute “non-parole period”.
(b) Omit “sections 4 (1) and 2 of the
Commonwealth Prisoners Act 1967 in its application”, substitute “the provisions of theCrimes Act 1914 in their application”.
Omit “lesser term of imprisonment”, substitute “non-parole period”.
Omit “section 19 of the
1. No. 12, 1914, as amended. For previous amendments, see No. 6, 1915; No. 54, 1920; No. 9, 1926; No. 13, 1928; No. 30, 1932; No. 5, 1937; No. 6, 1941; No. 77, 1946; No. 80, 1950; No. 10, 1955; No. 11, 1959; No. 84, 1960; No. 93, 1966; Nos. 33 and 216, 1973; No. 56, 1975; No. 37, 1976; Nos. 19 and 155, 1979; No. 70, 1980; No. 122, 1981; Nos. 67, 80 and 153, 1982; Nos. 91, 114 and 136, 1983; Nos. 10, 63 and 165, 1984; No. 193, 1985; Nos. 76, 102 and 168, 1986; No. 73, 1987; No. 120, 1987; and Nos. 63 and 108, 1989.
2. No. 64, 1988.
3. No. 41, 1984, as amended. For previous amendments, see Nos. 123 and 165, 1984; Nos. 104 and 193, 1985; Nos. 89 and 141, 1987; Nos. 65 and 66, 1988; and No. 108, 1989.
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House of Representatives on 30 October 1989 Senate on 19 December 1989
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