Crimes (Sentencing) Act 2005 (ACT)

Crimes (Sentencing) Act 2005

A2005-58

Republication No 69

Effective: 16 November 2025

Republication date: 16 November 2025

Last amendment made by A2025‑29

About this republication

The republished law

This is a republication of the Crimes (Sentencing) Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Crimes (Sentencing) Act 2005

Contents

Page

Chapter 1  Preliminary
1            Name of Act  2
3            Dictionary  2
4            Notes  2
5Offences against Act—application of Criminal Code etc 3
Chapter 2  Objects and important concepts
6            Objects of Act  4
7           Purposes of sentencing  4
8            Meaning of offender  5
Chapter 3  Sentencing and non-conviction options
Part 3.1    General
9            Imposition of penalties  6
Part 3.2    Sentences of imprisonment
10          Imprisonment  8
11          Intensive correction orders  9
12          Suspended sentences  11
12A         Drug and alcohol treatment orders  12
Part 3.3    Non-custodial sentences
13          Good behaviour orders  16
14          Fines—orders to pay  18
15          Fines—maximum amounts  19
15A         Fines—security for payment  19
16          Driver licence disqualification orders—motor vehicle theft                   20
17          Non-conviction orders—general  21
18          Non-conviction orders—ancillary orders  22
19          Reparation orders—losses and expenses generally  23
20          Reparation orders—stolen property  24
Part 3.4    Non-association and place restriction orders
21          Definitions—pt 3.4  26
22          Application—pt 3.4  26
23          Non-association and place restriction orders—when may be made       27
24          Non-association and place restriction orders—maximum period           28
25          Non-association and place restriction orders—explanation and official notice   29
26          Non-association order—disclosure of identifying information               30
Part 3.5    Deferred sentence orders
27          Deferred sentence orders—making  32
Part 3.6    Combination sentences
28          Application—pt 3.6  34
29          Combination sentences—offences punishable by imprisonment           34
30          Combination sentences—offences punishable by fine  35
31          Combination sentences—start and end  36
Chapter 4  Sentencing procedures generally
Part 4.1    General principles
32          Power to reduce penalties  37
33          Sentencing—relevant considerations  37
34          Sentencing—irrelevant considerations  41
34AA        Sentencing—submissions  42
34A         Sentencing—sexual offences against children  42
34B         Sentencing—family violence offences  43
35          Reduction of sentence—guilty plea  44
35A         Reduction of sentence—assistance in administration of justice            46
36          Reduction of sentence—assistance to law enforcement authorities       47
37          Reduction of sentence—statement by court about penalty                  48
38          Sentences of imprisonment and uncompleted young offender orders     49
39          Judgment after sentence deferred  49
Part 4.2    Pre-sentence reports
39A         Meaning of assessor—pt 4.2  50
40          Application—pt 4.2  50
40A         Pre-sentence report matters  50
40B         Pre-sentence report matters—court alcohol and drug assessment service 52
41          Pre-sentence reports—order  53
42          Pre-sentence reports by assessors  54
43          Pre-sentence reports—powers of assessors  56
44          Pre-sentence reports—provision to court  57
46          Pre-sentence reports—cross-examination  58
Part 4.2A   Intensive correction assessments
46A         Meaning of assessor—pt 4.2A  59
46B         Application—pt 4.2A  59
46C         Intensive correction assessments—order  59
46D         Intensive correction orders—intensive correction assessment matters    61
46E         Intensive correction assessments—powers of assessors  62
46F         Intensive correction assessments—provision to court  63
46G         Intensive correction assessments—cross-examination  63
Part 4.2B   Drug and alcohol treatment assessments
46H         Meaning of assessor—pt 4.2B  64
46I         Application—pt 4.2B  64
46J         Drug and alcohol treatment assessments—order  65
46K         Drug and alcohol treatment assessments—drug and alcohol treatment assessment matters     66
46L         Drug and alcohol treatment assessments—powers of assessors          67
46M         Drug and alcohol treatment assessments—provision to court              68
46N         Drug and alcohol treatment assessments—cross‑examination             68
Part 4.3    Victim impact statements
47          Definitions—pt 4.3  69
48          Application—pt 4.3  70
49          Victim impact statements—who may make  70
50          Victim impact statements—oral or written  70
51          Victim impact statements—form and contents  71
51A         Victim impact statements—adjournment of proceeding to allow preparation 71
52          Victim impact statements—use in court  72
53          Victim impact statements—effect  73
Part 4.4    Taking additional offences into account
54          Definitions—pt 4.4  75
55          Application—pt 4.4  75
56          List of additional offences  76
57          Outstanding additional offences taken into account in sentencing         76
58          Ancillary orders relating to offences taken into account in sentencing     77
59          Consequences of taking offences into account in sentencing               78
60          Evidence of offences taken into account in sentencing  78
Part 4.5    Correction and adjustment of penalties
61          Reopening proceedings to correct penalty errors  80
Part 4.6    Sentencing—schedule offence with criminal group
Division 4.6.1           General
61A         Objects—pt 4.6  82
61B         Definitions—pt 4.6  82
61C         Meaning of criminal group—pt 4.6  83
61D         Application—pt 4.6  83
Division 4.6.2           Schedule offence—criminal group
61F         Schedule offence and criminal group—application  84
61G         Schedule offence and criminal group—offender’s response                84
61H         Schedule offence and criminal group—when application must be heard and decided    85
61I         Court decision—in connection with criminal group  85
61J         Court decision—while associated with criminal group  86
61K         Maximum penalty for schedule offence  87
Division 4.6.3           Criminal group—criminal intelligence
61L         Disclosure of criminal intelligence  87
61M         Court must decide whether classified information is criminal intelligence 87
61N         Confidentiality of criminal intelligence  88
61O         Disclosure of criminal intelligence to offender  89
Chapter 5  Imprisonment
Part 5.1    Imprisonment—start and end of sentences
62          Start and end of sentences—general rule  90
63          Start of sentences—backdated sentences  91
Part 5.2    Imprisonment—nonparole periods
64          Application—pt 5.2  92
65          Nonparole periods—court to set  93
66          Nonparole periods—setting if sentence currently being served             94
67          Nonparole periods—recommended conditions  94
67A         Nonparole periods—appeals  95
68          Nonparole periods—review of decision on nonparole period               95
Part 5.3    Imprisonment—concurrent and consecutive sentences
69          Definitions—pt 5.3  96
70          Application—pt 5.3  96
71          Concurrent and consecutive sentences—general rule  97
72          Concurrent and consecutive sentences—offences while in custody or unlawfully absent        97
73          Concurrent and consecutive sentences—fine default offences             98
74          Amendment of start of sentences on setting aside or amending other sentences       99
75          Previous sentences to be noted in new sentence  99
Part 5.4    Intensive correction orders
Division 5.4.1A         General
76          Application—pt 5.4  100
Division 5.4.1           Intensive correction orders—eligibility and suitability
77          Intensive correction orders—eligibility  100
78          Intensive correction orders—suitability  101
80          Intensive correction orders—concurrent and consecutive periods        102
Division 5.4.2           Intensive correction orders—community service conditions
80A         Meaning of community service condition—div 5.4.2  103
80B         Application—div 5.4.2  103
80C         Intensive correction orders—community service—eligibility               103
80D         Intensive correction order—community service—suitability               104
80E         Intensive correction orders—community service—hours to be performed 105
80F         Intensive correction orders—community service—concurrent and consecutive orders   106
Division 5.4.3           Intensive correction orders—rehabilitation program conditions
80G         Definitions—div 5.4.3  106
80H         Application—div 5.4.3  107
80I         Intensive correction orders—rehabilitation programs—eligibility          107
80J         Intensive correction orders—rehabilitation programs—suitability         107
80K         Intensive correction orders—rehabilitation programs—maximum period 109
80L         Intensive correction orders—rehabilitation programs—concurrent and consecutive orders      109
Part 5.4A   Drug and alcohol treatment orders
Division 5.4A.1         Preliminary
80M         Definitions—pt 5.4A  110
80N         Application—pt 5.4A  111
80O         Objects of drug and alcohol treatment orders  111
Division 5.4A.2         Drug and alcohol treatment orders—general
80P         Drug and alcohol treatment orders—offender obligations                  112
80Q         Court may make ancillary orders to achieve object of treatment order    112
Division 5.4A.3         Drug and alcohol treatment orders—eligibility and suitability
80R         Application—div 5.4A.3  113
80S         Drug and alcohol treatment orders—eligibility  113
80T         Drug and alcohol treatment orders—suitability  114
80U         Court may remit proceeding  115
Division 5.4A.4         Drug and alcohol treatment orders—content
80V         Content of treatment orders  116
Division 5.4A.5         Drug and alcohol treatment orders—custodial part
80W         Custodial part of treatment orders  117
Division 5.4A.6         Drug and alcohol treatment orders—treatment and supervision part
80X         Treatment and supervision part of treatment orders  118
80Y         Core conditions  119
80Z         Treatment program conditions  120
80ZA        Good behaviour order to apply after treatment and supervision part ends 122
Division 5.4A.7         Drug and alcohol treatment orders—breaches etc
80ZB        Breach of treatment order—other than commission of offence           122
80ZBA      Breach of treatment order—other than commission of offence—Magistrates Court may make temporary order  125
80ZC        Provisional breach of treatment order—offender in custody               127
80ZD        Breach of treatment order—commission of offence  127
80ZE        Cancellation of treatment order—unsatisfactory circumstances           130
80ZF        Cancellation of treatment order—satisfactory circumstances              132
Division 5.4A.8         Drug and alcohol treatment orders—review by court
80ZG        Application—pt 5.4A.8  132
80ZH        Drug and alcohol treatment orders—review  133
80ZI         Drug and alcohol treatment orders—notice of review  134
Division 5.4A.9         Drug and alcohol treatment orders—miscellaneous
80ZJ         Arrest warrant—breach of treatment order obligations  135
80ZK        Arrest without warrant—breach of treatment order obligations            135
80ZL         Drug and alcohol treatment orders—outstanding warrants                136
80ZM        Immunity from criminal liability  136
80ZN        No appeal against particular decisions  137
80ZO        Evidentiary certificates  137
80ZP        Information exchanges—treatment order team  138
Part 5.5    Imprisonment—explanation and information
81          Application—pt 5.5  139
82          Imprisonment—explanation to offender  139
83          Imprisonment—written record of explanation  142
84          Imprisonment—official notice of sentence  142
Chapter 6  Good behaviour orders
Part 6.1    Good behaviour orders—community service conditions
85          Good behaviour orders—meaning of community service condition       145
86          Application—pt 6.1  145
87          Good behaviour orders—community service—convicted offenders only 145
88          Good behaviour orders—community service—eligibility  146
89          Good behaviour orders—community service—suitability                   146
90          Good behaviour orders—community service—pre‑sentence report matters 148
91          Good behaviour orders—community service—hours to be performed     148
92          Good behaviour orders—community service—concurrent and consecutive orders      149
Part 6.2    Good behaviour orders—rehabilitation program conditions
93          Definitions—pt 6.2  150
94          Application—pt 6.2  150
95          Good behaviour orders—rehabilitation programs—probation condition required        150
96          Good behaviour orders—rehabilitation programs—eligibility               150
97          Good behaviour orders—rehabilitation programs—suitability              151
98          Good behaviour orders—rehabilitation programs—pre‑sentence report matters         153
99          Good behaviour orders—rehabilitation programs—maximum period     153
100         Good behaviour orders—rehabilitation programs—concurrent and consecutive orders 153
Part 6.3    Good behaviour orders—explanations and official notice
101         Application—pt 6.3  155
102         Good behaviour orders—explanation to offenders  155
103         Good behaviour orders—official notice of order  155
104         Good behaviour orders—explanation and notice to sureties               157
Part 6.4    Good behaviour orders—other provisions
105         Good behaviour—consequences of failure to sign undertaking           159
106         Good behaviour—maximum amount of security  159
Chapter 7  Reparation orders
107         Application—ch 7  161
108         Reparation orders—no agreement about amount of loss etc              161
109         Reparation orders—payment by instalments  161
110         Reparation orders—evidential basis for orders  161
110A        Reparation orders—enforcing non-money order  162
111         Reparation orders—power to make other orders etc  163
112         Reparation orders—Confiscation of Criminal Assets Act                   163
113         Reparation orders—official notice of order  164
Chapter 8  Deferred sentence orders
Part 8.1    Deferred sentence orders—making
114         Application—pt 8.1  165
115         Meaning of deferred sentence obligations  165
116         Deferred sentence orders—eligibility  165
117         Deferred sentence orders—suitability  166
118         Deferred sentence orders—indication of penalties  167
119         Deferred sentence orders—review requirements in orders                167
120         Deferred sentence orders—obligations  167
121         Deferred sentence orders—explanation and official notice                167
122         Deferred sentence orders—period of effect  168
Part 8.2    Deferred sentence orders—supervision
123         Application—pt 8.2  169
124         Deferred sentence orders—arrest without warrant  169
125         Deferred sentence orders—arrest warrant  169
126         Deferred sentence orders—review  170
127         Deferred sentence orders—notice of review  171
Part 8.3    Deferred sentence orders—amendment or cancellation
128         Deferred sentence orders—court’s powers on review  172
129         Deferred sentence orders—when amendments take effect               172
130         Deferred sentence orders—when cancellation takes effect               173
131         Deferred sentence orders—effect of cancellation  174
Part 8.4    Deferred sentence orders—other provisions
132         Deferred sentence orders—automatic cancellation on bail revocation     175
133         Deferred sentence orders—relationship with Bail Act  175
Chapter 8ASentencing young offenders
Part 8A.1   General
133A        Purpose—ch 8A  177
133B        Meaning of young offender  177
133C        Young offenders—purposes of sentencing  177
133D        Young offenders—sentencing—additional relevant considerations       178
133E        Young offenders—pre-sentence report matters  178
133F         Young offenders—director-general may give court information about availability of resources   178
133G        Young offenders—sentences of imprisonment  179
133H        Young offenders—imprisonment to be at detention place                  179
133I         Young offenders—non-association and place restriction orders           180
133J         Young offenders—notice of orders to parent etc  180
133K        Young offenders—references to corrections officer  181
Part 8A.2   Young offenders—good behaviour orders
Division 8A.2.1         Young offenders—good behaviour orders generally
133L         Young offenders—community service—hours to be performed           182
133M        Young offenders—good behaviour orders—conditions  182
Division 8A.2.2         Good behaviour orders—education and training conditions
133N        Meaning of education and training condition  183
133O        Application—div 8A.2.2  183
133P        Education and training conditions—for young offenders convicted or found guilty       183
133Q        Education and training conditions—eligibility  184
133R        Education and training conditions—suitability  184
133S        Education and training conditions—maximum period  185
133T         Education and training conditions—2 or more good behaviour orders     186
Division 8A.2.3         Good behaviour orders—supervision conditions
133U        Meaning of supervision condition  186

133V        Supervision conditions—when required  187
133W        Supervision conditions—maximum period  187
133X        Supervision conditions—2 or more good behaviour orders                187
Part 8A.2A Young offenders—therapeutic correction orders
Division 8A.2A.1       Preliminary
133XA      Definitions—pt 8A.2A  189
Division 8A.2A.2       Therapeutic correction orders—general
133XB      Therapeutic correction orders  190
133XC      Therapeutic correction order—maximum period  191
133XD      Therapeutic correction order—young offender obligations                 191
133XE      Court may make ancillary orders to achieve object of therapeutic correction order      191
Division 8A.2A.3       Therapeutic correction orders—suitability
133XF      Therapeutic correction orders—requirement for assessment and therapeutic correction plan     192
133XG      Therapeutic correction assessments  192
133XH      Therapeutic correction assessment matters  193
133XI        Therapeutic correction assessments—powers of assessors               193
133XJ       Therapeutic correction assessment—therapeutic correction plan        195
133XK      Therapeutic correction assessments—provision to court                   195
133XL       Therapeutic correction assessments—cross-examination                 195
Division 8A.2A.4       Therapeutic correction orders—content
133XM      Content of therapeutic correction order  196
133XN      Core conditions  196
133XO      Therapeutic correction conditions  198
Division 8A.2A.5       Therapeutic correction orders—supervision
133XP      CYP director-general to report breach of therapeutic correction obligations 199
133XQ      Summons to attend court—breach of therapeutic correction obligations 199
133XR      Arrest without warrant—breach of therapeutic correction obligations    200
133XS      Arrest warrant—breach of therapeutic correction obligations              201
Division 8A.2A.6       Therapeutic correction orders—breach
133XT       Breach of therapeutic correction order  201
Division 8A.2A.7       Therapeutic correction orders—review by court
133XU      Application—div 8A.2A.7  203
133XV      Therapeutic correction orders—review  203
133XW     Therapeutic correction orders—CYP director-general must apply for review 204
133XX      Therapeutic correction orders—notice of proposed review                204
Division 8A.2A.8       Therapeutic correction orders—miscellaneous
133XY      Evidentiary certificates  205
133XZ      Information exchanges—therapeutic correction team  206
Part 8A.3   Young offenders—accommodation orders
133Y        Meaning of accommodation order  207
133Z         Accommodation orders—for young offenders convicted or found guilty   207
133ZA      Accommodation orders—eligibility  207
133ZB      Accommodation orders—suitability  208
133ZC      Accommodation orders—maximum period  209
133ZD      Accommodation orders—2 or more orders  209
Chapter 9  Miscellaneous
134         Operation of ancillary and restitution orders  210
135         Reparation—other actions for recovery  211
136         Information exchanges between criminal justice entities                   212
137         Reduction of sentence—appeal if assistance undertaking breached     213
138         Effect of failure to comply with Act  213
139         Regulation-making power  214
Schedule 1 Schedule offences  215
Part 1.1    Crimes Act 1900  215
Part 1.2    Criminal Code  216
Part 1.3    Drugs of Dependence Act 1989  218
Part 1.4    Firearms Act 1996  218
Dictionary219
Endnotes
1            About the endnotes  227
2            Abbreviation key  227
3            Legislation history  228
4            Amendment history  238
5            Earlier republications  259
6            Expired transitional or validating provisions  264

Crimes (Sentencing) Act 2005

An Act to consolidate and reform the law about sentencing offenders, and for other purposes

Chapter 1Preliminary

Name of Act
This Act is the Crimes (Sentencing) Act 2005.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘parole order—see the Crimes (Sentence Administration) Act 2005, section 117.’ means that the term ‘parole order’ is defined in that section of that Act and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, section 133 deals with the meaning of offence penalties that are expressed in penalty units.

Chapter 2Objects and important concepts

Objects of Act
The objects of this Act include the following:
(a)to promote respect for the law and the maintenance of a just and safe society;
(b)to provide a range of sentencing options;
(c)to maximise the opportunity for imposing sentences that are constructively adapted to individual offenders;
(d)to promote flexibility in sentencing;
(e)to consolidate legislation relating to the imposition of sentences.
Purposes of sentencing
(1)A court may impose a sentence on an offender for 1 or more of the following purposes:
(a)to ensure that the offender is adequately punished for the offence in a way that is just and appropriate;
(b)to prevent crime by deterring the offender and other people from committing the same or similar offences;
(c)to protect the community from the offender;
(d)to promote the rehabilitation of the offender;
(e)to make the offender accountable for his or her actions;
(f)to denounce the conduct of the offender;
(g)to recognise the harm done to the victim of the crime and the community.
(2)To remove any doubt, nothing about the order in which the purposes appear in subsection (1) implies that any purpose must be given greater weight than any other purpose.
NoteHowever, see s 133C in relation to the sentencing of a young offender.
Meaning of offender
(1)In this Act:
offender—
(a)means a person convicted or found guilty of an offence by a court, and includes a young offender; but
(b)for—
(i)part 4.2 (Pre-sentence reports)—see section 40; and
(ii)part 4.2A (Intensive correction assessments)—see section 46B; and
(iii)a treatment order provision—see section 46I; and
(iv)part 4.6 (Sentencing—schedule offence with criminal group)—see section 61B.
(2)In this section:
treatment order provision means the following:
(a)section 12A (Drug and alcohol treatment orders);
(b)part 4.2B (Drug and alcohol treatment assessments);
(c)part 5.4A (Drug and alcohol treatment orders).

Chapter 3Sentencing and non-conviction options

Part 3.1General

Imposition of penalties
(1)The penalty a court may impose for an offence is the penalty provided under this Act or any other territory law.
(2)Chapter 4 (Sentencing procedures generally) applies to the imposition of all penalties imposed by a court, whether under this Act or otherwise.
Note 1Under this Act, a court has the following sentencing and non-conviction options:
·     imprisonment served by full-time detention at a correctional centre or detention place (see s 10, ch 5 and s 133H)
·     imprisonment served by intensive correction (see s 11)
·     suspension of a sentence of imprisonment (see s 12)
·     drug and alcohol treatment order (see s 12A, pt 4.2B and pt 5.4A)
·     good behaviour order (see s 13 and ch 6)
·     fine order (see s 14 and s 15)
·     driver licence disqualification order (see s 16)
·     non-conviction order (see s 17 and s 18)
·     reparation order (see s 19, s 20 and ch 7)
·     non-association order (see pt 3.4)
·     place restriction order (see pt 3.4)
·     deferred sentence order (see s 27 and ch 8)
·     therapeutic correction orders (young offenders only) (see pt 8A.2A)
·     accommodation order (young offenders only) (see pt 8A.3).
Note 2A court may also impose a combination sentence combining 2 or more of the options listed in note 1 (other than imprisonment served by intensive correction) or otherwise available under a territory law (see pt 3.6).

Part 3.2Sentences of imprisonment

Imprisonment
(1)This section applies if a court is sentencing an offender convicted of an offence punishable by imprisonment.
(2)The court may, by order, sentence the offender to imprisonment, for all or part of the term of the sentence, if the court is satisfied, having considered possible alternatives, that no other penalty is appropriate.
Note 1An order sentencing an offender to imprisonment may be part of a combination sentence together with other sentencing options (see pt 3.6).
Note 2See s 133G for additional matters that apply in sentencing a young offender to imprisonment.
(3)If the court sentences the offender to imprisonment, the sentence must be served by full-time detention at a correctional centre, unless—
(a)the court orders otherwise; or
(b)the offender is released from full-time detention under this Act or another territory law.
Examples—par (a)
1 the court makes an intensive correction order
2 the court makes a suspended sentence order
Example—par (b)
release on parole under the Crimes (Sentence Administration) Act 2005
NoteFor a young offender who is under 21 years old when the sentence is imposed, see s 133H.
(4)If the court sentences the offender to imprisonment, the court must record the reasons for its decision.
(5)Failure to comply with subsection (4) does not invalidate the sentence of imprisonment.
(6)This section also applies subject to any contrary intention in the law that directly or indirectly creates the offence or directly or indirectly affects its scope or operation.
(7)This section is subject to chapter 5 (Imprisonment).
Intensive correction orders
(1)This section applies if an adult offender is convicted of an offence and the court imposes a sentence of imprisonment.
(2)If the sentence of imprisonment is for not more than 2 years the court may order that the sentence be served by intensive correction in the community (an intensive correction order).
(3)The court may make an intensive correction order if the sentence of imprisonment is for more than 2 years but not more than 4 years, but only if the court considers it is appropriate to do so, having regard to—
(a)the level of harm to the victim and the community caused by the offence; and
(b)whether the offender poses a risk to 1 or more people or the community; and
(c)the offender’s culpability for the offence having regard to all the circumstances.
NoteAn intensive correction order must not be combined with a sentence of full-time imprisonment, a suspended sentence of imprisonment or a good behaviour order (see s 29 (1) (b)).
(4)An intensive correction order must include the core conditions mentioned in the Crimes (Sentence Administration) Act 2005, section 42.
(5)An intensive correction order may include 1 or more of the following additional conditions that can reasonably be complied with within the term of the order:
(a)a community service condition;
(b)a rehabilitation program condition;
(c)that the offender comply with a reparation order, a non‑association order or place restriction order;
(d)a condition prescribed by regulation;
(e)any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers appropriate.
Examples—conditions for s (5) (e)
1     that the offender undertake medical treatment and supervision (eg by taking medication and cooperating with medical assessments)
2     that the offender supply samples of blood, breath, hair, saliva or urine for alcohol or drug testing if required by a corrections officer
3     that the offender attend educational, vocational, psychological, psychiatric or other programs or counselling
4     that the offender not drive a motor vehicle or consume alcohol or non‑prescription drugs or medications
5     that the offender regularly attend alcohol or drug management programs
NoteFor core conditions of an intensive correction order, see the Crimes (Sentence Administration) Act 2005, s 42.
(6)An intensive correction order may also include a curfew condition if the court is satisfied that each adult who is living at the curfew place or has parental responsibility or guardianship for a person who is living at the curfew place consents to the curfew.
(7)This section is subject to chapter 5 (Imprisonment).
Suspended sentences
(1)This section applies if—
(a)an offender is convicted of an offence; and
(b)the court sentences the offender to imprisonment for the offence.
(2)The court may make an order (a suspended sentence order) suspending all or part of the sentence of imprisonment.
(3)If the court makes a suspended sentence order, the court must also make a good behaviour order for the period during which the sentence is suspended or for any longer period that the court considers appropriate.
NoteA suspended sentence order may be part of a combination sentence together with other sentencing options (see pt 3.6).
(4)If the court makes a suspended sentence order fully suspending the sentence of imprisonment, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender.
Note 1For notice of a partly suspended sentence of imprisonment, see s 84.
Note 2For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
(5)Failure to comply with subsection (4) does not invalidate the suspended sentence order.
(6)This section is subject to the following provisions:
(a)section 13 (Good behaviour orders);
(b)chapter 5 (Imprisonment);
(c)chapter 6 (Good behaviour orders).
(7)To avoid doubt, a sentence of imprisonment suspended under the custodial part of a drug and alcohol treatment order is not a suspended sentence order.

12ADrug and alcohol treatment orders
(1)This section applies if—
(a)an offender pleads guilty to an eligible offence; and
NoteA reference to an offender in this section does not include a young offender (see s 8 (1) (b)).

(b)the Supreme Court convicts the offender of the eligible offence and sentences the offender to a term of imprisonment for—
(i)if the offender is convicted of 1 eligible offence only—at least 1 year but not more than 4 years; or
(ii)if the offender is convicted of more than 1 eligible offence—a total period of at least 1 year but not more than 4 years; and

(c)the offender is not subject to a sentencing order for another offence.
(2)The court may make an order (a drug and alcohol treatment order) that suspends a sentence of imprisonment for an eligible offence on condition that the offender agrees to complete a treatment program, but only if—
(a)the court is satisfied on the balance of probabilities that—
(i)the offender is dependent on alcohol or a controlled drug; and
(ii)the offender’s dependency substantially contributed to the commission of the offence; and
(iii)the offender will live in the ACT for the term of the sentence except as directed by the court; and

(b)the court considers the order appropriate, taking into account—
(i)the relevant sentencing considerations applying to the offender; and
(ii)any information given to the court relating to the concerns of a victim about the victim’s safety or welfare; and
(iii)the matters set out under section 80O; and
NoteSection 80O sets out the object of a drug and alcohol treatment order.

(c)the offender gives informed consent to the order being made after the offender is given—
(i)a clear explanation of the treatment order that contains sufficient information to enable the offender to make a balanced judgment about whether or not to consent to serve the sentence under the order; and
(ii)an opportunity to ask any questions about the order, and those questions have been answered and the offender appears to have understood the answers.

(3)A drug and alcohol treatment order, in suspending a sentence of imprisonment, must—
(a)if the sentence is taken to have started on a day before the day the sentence is imposed—suspend the remaining part of the sentence beginning on the day the sentence is imposed; or
(b)in any other case—fully suspend the sentence.
(4)To remove any doubt––
(a)the offender must not be subject to more than 1 treatment order at any particular time; and
(b)a treatment order may apply to more than 1 eligible offence dealt with in the same sentencing proceeding; and
(c)sentences for multiple offences may be served concurrently or consecutively (or partly concurrently and partly consecutively), subject to subsection (1) (b).
NoteWords in the singular number include the plural (see Legislation Act, s 145 (b)).

(5)The court must not impose a lesser sentence of imprisonment on the offender than the circumstances of the offence would ordinarily require only to allow the court to make a treatment order.
(6)If the court makes a treatment order, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender.
(7)Failure to comply with subsection (6) does not invalidate the treatment order.
(8)This section is subject to part 5.4A (Drug and alcohol treatment orders).
NoteA treatment order may not be made in relation to an offender who is under 18 years old (see s 46I).

(9)In this section:
eligible offence means an offence that is not—
(a)a serious violence offence; or
(b)a sexual offence.
sentencing order means any of the following:
(a)an order for imprisonment by full-time detention;
(b)a suspended sentence order;
(c)an intensive correction order;
(d)a deferred sentence order;
(e)a parole order;
(f)an order under a law in force in Australia that corresponds to an order mentioned in paragraphs (a) to (e).
serious violence offence means an offence against any of the following provisions of the Crimes Act 1900:
(a)section 12 (Murder);
(b)section 15 (Manslaughter);
(c)section 19 (Intentionally inflicting grievous bodily harm);
(d)section 20 (Recklessly inflicting grievous bodily harm).
sexual offence means an offence against the Crimes Act 1900, part 3.

treatment program—see section 80Z (1) (a).

Part 3.3Non-custodial sentences

Good behaviour orders
(1)This section applies if an offender is convicted or found guilty of an offence.
NoteIf a good behaviour order is made without convicting the offender (see s 17), it is also a non-conviction order (see s 17 (2)).
(2)The court may make an order (a good behaviour order) requiring the offender to sign or give an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 for a stated period.
(3)An undertaking—
(a)may be signed or given before the court; and
(b)if given before the court, must be recorded by the court.
(4)A good behaviour order may include 1 or more of the following conditions:
(a)that the offender give security for a stated amount, with or without sureties, for compliance with the order;
NoteThis paragraph does not apply to a young offender (see s 133M).
(b)a community service condition;
NoteA community service condition must not be included in the order unless the offender is convicted of the offence (see s 87).
(c)a rehabilitation program condition;
NoteA good behaviour order that includes a rehabilitation program condition must also include a probation condition or supervision condition (see s 95 and s 133V).
(d)a probation condition;
(e)that the offender comply with a reparation order;
(f)a condition prescribed by regulation for this paragraph;
(g)any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers appropriate.
Examples of conditions for par (g)
1     that the offender undertake medical treatment and supervision (eg by taking medication and cooperating with medical assessments)
2     that the offender supply samples of blood, breath, hair, saliva or urine for alcohol or drug testing if required by a corrections officer
3     that the offender attend educational, vocational, psychological, psychiatric or other programs or counselling
4     that the offender not drive a motor vehicle or consume alcohol or non‑prescription drugs or medications
5     that the offender regularly attend alcohol or drug management programs
NoteSee s 133M for additional conditions available for young offenders (education and training conditions and supervision conditions).
(5)If the offence is punishable by imprisonment, a good behaviour order—
(a)may be made instead of imposing a sentence of imprisonment or as part of a combination sentence that includes imprisonment; and
(b)may apply to all or part of the term of the sentence.
(6)Subsection (5) does not, by implication, limit the sentences that a court may impose under this Act or another territory law.
(7)If the good behaviour order includes a community service condition, it is a community service order.
(8)If the good behaviour order includes a rehabilitation program condition, it is a rehabilitation program order.
(9)This section is subject to chapter 6 (Good behaviour orders).
Fines—orders to pay
(1)This section applies if an offender is convicted of an offence.
(2)The court may make an order (a fine order) directing that the offender pay a fine for the offence.
NoteThe Legislation Act, s 133, s 135 and s 136 deal with penalty units and the effect of the statement of a penalty for an offence in a territory law.
(3)The court is not required to inquire into the offender’s financial circumstances before making a fine order but must consider any facts established by the offender about the offender’s financial circumstances.
NoteSection 33 (1) (n) requires the court, in deciding how to sentence an offender, to consider the offender’s financial circumstances if relevant and known to the court.
(4)The court may make a fine order for the offender whether or not the offence is punishable by a fine otherwise than under this part.
(5)If a court makes a fine order, the court must state in the order—
(a)the amount of the fine; and
(b)how the fine is to be paid (for example, by stated instalments at stated times).
(6)If the Magistrates Court imposes a fine on an offender for an offence and the summons for the offence was served in accordance with the Magistrates Court Act 1930, section 116B (Service of summons for prescribed offence), the court must allow the offender at least 14 days for payment.
(7)As soon as practicable after the court makes a fine order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender.
Note 1If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).
Note 2For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
(8)Failure to comply with subsection (7) does not invalidate the fine order.
Fines—maximum amounts
The maximum fine that a court may impose for an offence is—
(a)if the offence is punishable by a fine otherwise than under this part—the maximum amount fixed for the fine; or
(b)in any other case—
(i)if the Supreme Court makes the order—$10 000; or
(ii)if the Magistrates Court makes the order—$2 000.

15AFines—security for payment
(1)If a court makes a fine order, the court may, in addition to allowing time for payment of an amount under the order, direct that the offender liable to pay the amount give security, to the satisfaction of the person specified by the court, with or without sureties, for payment of the amount.
(2)The security must be given, and may be enforced, in the way provided by the Magistrates Court Act 1930, part 3.12 (Securities in criminal matters).

Driver licence disqualification orders—motor vehicle theft
(1)This section applies if—
(a)an offender is convicted or found guilty of an offence against a territory law involving the theft of a motor vehicle; or
(b)an offender is convicted or found guilty of an offence against the Criminal Code, section 318 (Taking etc motor vehicle without consent).
Example for par (a)
an offence against any of the following provisions of the Criminal Code in relation to property that is a motor vehicle:
·s 308 (Theft)
·s 309 (Robbery)
·s 310 (Aggravated robbery)
·s 311 (Burglary)
·s 312 (Aggravated burglary)
(2)The court sentencing the offender may make an order (a driver licence disqualification order) disqualifying the offender from holding or obtaining a driver licence under the Road Transport (Driver Licensing) Act 1999 for a period the court considers appropriate.
NoteThe effect of disqualification is set out in the Road Transport (General) Act 1999, s 66.
(3)To remove any doubt, this section is additional to the court’s other powers under this Act or any other territory law, including, for example, the road transport legislation.
(4)As soon as practicable after the court makes a driver licence disqualification order, the court must ensure that written notice of the order, together with a copy of the order, is given to—
(a)the offender; and
(b)the road transport authority.
Note 1If the order is part of a combination sentence, a single notice may be given to the offender for the sentences (see Legislation Act, s 49).
Note 2For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
(5)Failure to comply with subsection (4) does not invalidate the driver licence disqualification order.
(6)In this section:
motor vehicle—see the Criminal Code, section 318 (3).
road transport legislation—see the Road Transport (General) Act 1999, section 6.
Non-conviction orders—general
(1)This section applies if an offender is found guilty of an offence.
(2)Without convicting the offender of the offence, the court may make either of the following orders (each of which is a non-conviction order):
(a)an order directing that the charge be dismissed, if the court is satisfied that it is not appropriate to impose any punishment (other than nominal punishment) on the offender;
(b)a good behaviour order under section 13.
NoteA good behaviour order for a non-conviction order cannot include a community service condition because the offender is not convicted of the offence (see s 87).
(3)In deciding whether to make a non-conviction order for the offender, the court must consider the following:
(a)the offender’s character, antecedents, age, health and mental condition;
(b)the seriousness of the offence;
(c)any extenuating circumstances in which the offence was committed.
(4)The court may also consider anything else the court considers relevant.
NoteAn appeal may lie to the Supreme Court from a decision of the Magistrates Court to make a non-conviction order for an offender in the same circumstances as an appeal from a decision of the Magistrates Court in relation to an offender’s conviction for an offence (see Magistrates Court Act 1930, pt 3.10).
(5)If the court makes a non-conviction order under subsection (2) (a) for the offender, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender.
Note 1For notice of a good behaviour order under s (2) (b), see s 103.
Note 2For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
(6)Failure to comply with subsection (5) does not invalidate the non‑conviction order.
(7)If the court makes a non-conviction order under subsection (2) (b), the good behaviour order must be for a term of no longer than 3 years.
(8)This section (other than subsection (7)) is subject to section 13 and chapter 6 (Good behaviour orders).
Non-conviction orders—ancillary orders
(1)This section applies if the court makes a non-conviction order for an offender for an offence.
(2)The court may make any ancillary order that it could have made if it had convicted the offender of the offence.
(3)The offender has the same rights of appeal in relation to the making of the ancillary order as the offender would have had if the order had been made on the conviction of the offender for the offence.
(4)This section is subject to section 134 (Operation of ancillary and restitution orders).
(5)In this section:
ancillary order means an order or direction in relation to any of the following:
(a)restitution;
(b)compensation;
(c)costs;
(d)forfeiture;
(e)destruction;
(f)disqualification or loss or suspension of a licence or privilege.
Examples
1 a reparation order
2 a driver licence disqualification order
Reparation orders—losses and expenses generally
(1)This section applies if—
(a)an offender is convicted or found guilty of an offence against a territory law; and
(b)a person (the injured person) suffers loss or incurs expense (including any out-of-pocket expense) as a direct result of the commission of the offence.
NoteCertain victims of crimes may claim financial assistance under the Victims of Crime (Financial Assistance) Act 2016.
(2)Before the court sentences the offender or makes a non-conviction order for the offender, the director of public prosecutions may apply to the court for an order under this section.
(3)On application under subsection (2), or its own initiative, the court may make an order (a reparation order) requiring the offender to make reparation to the injured person, by way of a payment of money or otherwise, for the loss or expense.
NoteIf the offence relates to stolen property, a reparation order may also be made under s 20 (see s 111).
(4)This section is subject to chapter 7 (Reparation orders) and section 134 (Operation of ancillary and restitution orders).
(5)In this section:
loss—see the Criminal Code, section 300.
Reparation orders—stolen property
(1)This section applies if an offender is convicted or found guilty of an offence against a territory law in relation to stolen property.
(2)Before the court sentences the offender or makes a non-conviction order for the offender, the director of public prosecutions may apply to the court for 1 or more orders under this section.
(3)On application under subsection (2), or its own initiative, the court may make the following orders (each of which is a reparation order):
(a)an order that a person having custody or possession of the stolen property restore it to someone entitled to recover it from the person;
(b)an order that the offender pay the value of the stolen property to a person who, if the stolen property were in the custody or possession of the offender, would be entitled to recover it from the offender.
NoteA reparation order may also be made under s 19 for the same offence (see s 111).
(4)If the court makes an order under subsection (3) (a), the court, on application under subsection (2), or its own initiative, may also make either or both the following orders (each of which is also a reparation order):
(a)if the court considers that the offender has sold the property to a purchaser who was acting honestly—an order that the offender pay the purchaser an amount not exceeding the amount paid by the purchaser;
(b)if the court considers that the offender has borrowed money on the security of the property from a lender acting honestly—an order that the offender pay the lender an amount not exceeding the amount owed to the lender under the loan.
(5)This section is subject to chapter 7 (Reparation orders) and section 134 (Operation of ancillary and restitution orders).
(6)In this section:
stolen property—see the Criminal Code, section 314 (Receiving—meaning of stolen property).
NoteUnder the Criminal Code, stolen property includes tainted property. Tainted property is the proceeds of the sale of stolen property, or property that is exchanged for stolen property.

Part 3.4Non-association and place restriction orders

Definitions—pt 3.4
In this Act:
non-association order means an order prohibiting an offender from—
(a)being with a named person, or attempting to be with the person; or
(b)being with a named person or communicating in any way (including electronically) with the person, or attempting to be with the person or to communicate in any way (including electronically) with the person.
place restriction order means an order prohibiting an offender from being in, or within a stated distance of, a named place or area or attempting to be in, or within the stated distance, of the place or area.
Application—pt 3.4
This part applies if a court makes any of the following orders for an offender in relation to an offence:
(a)an intensive correction order;
(b)a drug and alcohol treatment order;
(c)a good behaviour order;
(d)a therapeutic correction order.
Non-association and place restriction orders—when may be made
(1)The court may make a non-association order or place restriction order for the offender if—
(a)the offence is a relevant offence; and
(b)the court is satisfied that it is necessary and reasonable to make the order for 1 or more of the following purposes:
(i)preventing the offender from harassing anyone or endangering the safety or welfare of anyone;
(ii)preventing the offender from committing further offences (including a relevant offence);
(iii)assisting the offender to manage things that may make the offender more likely to commit further offences (including a relevant offence) if not managed.
NoteSee s 133I for an additional consideration that applies in sentencing a young offender.
(2)The restriction imposed on the offender by a non-association order or place restriction order, and the period of the order, must not be unreasonably disproportionate to the purpose for which the order is made.
(3)To remove any doubt, this section is additional to the court’s other powers under this Act or any other territory law.
(4)In this section:
harm—see the Criminal Code, dictionary.
personal violence offence means—
(a)an offence that involves causing harm, or threatening to cause harm, to anyone; or
(b)a family violence offence.
relevant offence means—
(a)an offence against the Criminal Code, part 4.1 (Property damage offences) that is punishable by imprisonment for 5 years or more; or
(b)an offence against the Criminal Code, chapter 6 (Serious drug offences); or
(c)an offence against the Criminal Code, chapter 7 (Administration of justice offences) that is punishable by imprisonment for 5 years or more; or
(d)an offence against the Firearms Act 1996 that is punishable by imprisonment for 20 years or more; or
(e)an offence against the Crimes Act 1900, section 114B (Money laundering); or
(f)a personal violence offence; or
(g)an offence prescribed by regulation.
NoteA reference to an offence includes a reference to a related ancillary offence, eg attempt and conspiracy (see Legislation Act, s 189).
Non-association and place restriction orders—maximum period
(1)A non-association order or place restriction order—
(a)must be for a period not longer than—
(i)if the order is made with an intensive correction order, a drug and alcohol treatment order or a therapeutic correction order—24 months; or
(ii)in any other case—12 months; and
(b)must state when it starts and the period for which it operates.
(2)To remove any doubt, the period of a non-association order or place restriction order is not limited by the term of any other sentence imposed for the offence for which the order is made.
Example
Sean is convicted of an offence. The court decides that the appropriate penalty is 6 months imprisonment served by intensive correction and a place restriction order. The place restriction order may be for longer than 6 months (but not longer than 24 months).
Non-association and place restriction orders—explanation and official notice
(1)If a court makes a non-association order or place restriction order for the offender, the court must ensure that reasonable steps are taken to explain to the offender in general terms (and in language the offender can readily understand)—
(a)the nature of the order; and
(b)the offender’s obligations under the order; and
(c)the consequences if the offender breaches the obligations.
NoteAn offender may breach the obligations by failing to comply with them (see Legislation Act, dict, pt 1, def breach).
(2)As soon as practicable after the court makes the non-association order or place restriction order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender.
NoteFor a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
(3)Failure to comply with this section does not invalidate the non‑association order or place restriction order.

Non-association order—disclosure of identifying information
(1)A person commits an offence if the person publishes—
(a)the fact that a person is someone (other than the offender) to whom a non-association order relates; or
(b)any information that could reasonably identify someone (other than the offender) to whom a non-association order relates.
Maximum penalty: 10 penalty units.
(2)Subsection (1) does not apply if the publication is—
(a)to a relevant person (see subsection (5)); or
(b)to a named person by, or in accordance with, a direction of a court; or
(c)part of an official report of a court proceeding and the publication is relevant to the proceeding.
(3)However, a court must not give a direction under subsection (2) (b) unless it is satisfied that the publication is in the interests of justice.
(4)An offence against this section is a strict liability offence.
(5)In this section:
relevant person means any of the following:
(a)the offender;
(b)a person (other than the offender) to whom the order relates;
(c)a police officer;
(d)anyone involved in the administration of the order, or any other penalty to which the offender is subject in relation to the offence for which the order was made;
(e)anyone involved in a proceeding for failure to comply with the non-association order;
(f)anyone stated in the non-association order as someone to whom the information may be published;
(g)anyone else to whom the information is required or allowed to be published under a law of the Territory, the Commonwealth, a State or another Territory.

Part 3.5Deferred sentence orders

Deferred sentence orders—making
(1)This section applies if—
(a)an offender has been convicted or found guilty by a court of an offence punishable by imprisonment; and
(b)the court has not sentenced the offender for the offence; and
(c)the offender is neither serving, nor liable to serve, a term of imprisonment for another offence; and
(d)the court considers the offender should be given an opportunity to address his or her criminal behaviour, and anything that has contributed to the behaviour, before the court sentences the offender for the offence; and
(e)the court is satisfied that it may release the offender on bail under the Bail Act 1992.
(2)The court may make an order (a deferred sentence order) requiring the offender to appear before the court at the time and place stated in the order to be sentenced for the offence.
NoteThe maximum period of the order is 12 months (see s 122 (1)).
(3)If the court makes a deferred sentence order for the offender, the court must release the offender on bail under the Bail Act 1992.
(4)A deferred sentence order applies to all offences for which the court may sentence the offender, whether or not they are punishable by imprisonment.
(5)A deferred sentence order may include any condition the court considers appropriate for subsection (1) (d).
Examples
see the examples to section 13 (4) (g) (Good behaviour orders)
NoteBail may be granted subject to conditions (see Bail Act 1992, s 25).
(6)This section is subject to chapter 8 (Deferred sentence orders).

Part 3.6Combination sentences

Application—pt 3.6
This part applies if an offender is convicted of an offence.
Combination sentences—offences punishable by imprisonment
(1)If the offence is punishable by imprisonment, the court sentencing the offender may impose a sentence (a combination sentence) consisting of 2 or more of the following orders:
(a)an order sentencing the offender to imprisonment as full-time detention;
NoteA sentence of imprisonment must be served by full-time detention at a correctional centre or detention place unless the court otherwise orders, or the offender is released from detention under this Act or another territory law (see s 10 (3) and s 133H).
(b)an intensive correction order (but not in combination with a sentence of full-time imprisonment, a suspended sentence of imprisonment or a good behaviour order);
(c)a suspended sentence order;
(d)a good behaviour order;
NoteA good behaviour order may not be set to start at a time when the offender may be serving full-time detention or be on parole (see s 31 (2)).
(e)a fine order;
(f)a driver licence disqualification order;
(g)a reparation order;
(h)a non-association order;
(i)a place restriction order;
(j)an order (however described) imposing another penalty available under any other territory law.
Examples
The following are examples of sentences that might be imposed on an offender by a court who has been convicted of an offence punishable by imprisonment:
1 a sentence of 18 months as follows:
·an order for imprisonment for 1 year with no nonparole period
·a fine order directing payment of $500 by stated instalments
·a good behaviour order for 6 months (the remainder of the term of the sentence)
·a driver licence disqualification order for all of the sentence
2 a sentence of 3 years and 6 months as follows:
·an order for 3 years imprisonment with no nonparole period
·a good behaviour order for 6 months (the remainder of the term of the sentence) and a concurrent non-association order
(2)However, the court must not make an order that forms part of the combination sentence unless the court would have power to make the order otherwise than as part of a combination sentence.
Combination sentences—offences punishable by fine
(1)If the offence is not punishable by imprisonment (except in default of payment of a fine), the court sentencing the offender may impose a sentence (also a combination sentence) consisting of 2 or more of the following orders:
(a)a good behaviour order;
(b)a fine order;
(c)a driver licence disqualification order;
(d)a reparation order;
(e)a non-association order;
(f)a place restriction order;
(g)an order (however described) imposing another penalty available under any other territory law.
(2)However, the court must not make an order that forms part of the combination sentence unless the court would have power to make the order otherwise than as part of a combination sentence.
Combination sentences—start and end
(1)For a combination sentence, a court may set the start or end of the period of any part of the sentence, or of any order forming part of the sentence, by reference to anything the court considers appropriate, including, for example—
(a)a stated day; or
(b)the lapse of a stated period of time; or
(c)whenever a stated event happens, or whenever the earlier or later of 2 or more stated events happens.
Example for par (c)
a 5-year combination sentence consisting of the following orders:
·an order for imprisonment for 3 years with a 2-year nonparole period
·a good behaviour order for 2 years stated to start at the end of the sentence of imprisonment
·a place restriction order for 1 year stated to start at the end of the sentence of imprisonment
(2)However, the court must not set the start of the period of any part of the sentence that is a good behaviour order on a day when the offender may be serving a period of full-time detention or may be on parole.

Chapter 4Sentencing procedures generally
Part 4.1General principles

Power to reduce penalties
(1)If, under a territory law, an offender is liable to imprisonment for life, a court may nevertheless impose a sentence of imprisonment for a stated term.
(2)If, under a territory law, an offender is liable to imprisonment for a stated term, a court may nevertheless impose a sentence of imprisonment for a lesser term.
(3)If, under a territory law, an offender is liable to a fine of a stated amount, a court may nevertheless make a fine order for a lesser amount.
(4)This section—
(a)is not limited by any other provision of this chapter; and
(b)does not limit any discretion the court has, apart from this section, about the imposition of penalties.
Sentencing—relevant considerations
(1)In deciding how an offender should be sentenced (if at all) for an offence, a court must consider whichever of the following matters are relevant and known to the court:
(a)the nature and circumstances of the offence;
(b)any other offences required or allowed 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—the course of conduct;
(d)if the personal circumstances of any victim of the offence were known to the offender when the offence was committed—the circumstances;
(e)any injury, loss or damage resulting from the offence;
(f)the effect of the offence on the victims of the offence, the victims’ families and anyone else who may make a victim impact statement;
Note 1For who may make a victim impact statement, see s 49.
Note 2The court must not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not given to the court in relation to the offence (see s 53 (1) (b)).
(g)if a victim of the offence was a pregnant woman—
(i)whether the offender knew, or ought reasonably to have known, that the woman was pregnant; and
(ii)whether the offender intended to cause, or was reckless about causing, loss of or harm to the pregnancy; and
(iii)the loss of or harm to the pregnancy; and
(iv)whether the offender intended to cause, or was reckless about causing, the death of or harm to a child born alive as a result of the pregnancy; and
(v)the death of or harm to a child born alive as a result of the pregnancy;
(gb)if the victim of the offence was a vulnerable person—
(i)whether the offender knew, or ought reasonably to have known—
(A)that the victim was a vulnerable person; or
(B)that the victim was a vulnerable person and the extent of the person’s vulnerability; and
(ii)the loss or harm to the vulnerable person;
(h)any action the offender may have taken to make reparation for any injury, loss or damage resulting from the offence;
(i)the degree of responsibility of the offender for the commission of the offence;
(j)a plea of guilty by the offender (see section 35);
(k)any assistance by the defence in the administration of justice (see section 35A);
(l)any assistance by the offender to law enforcement authorities (see section 36);
(m)the cultural background, character, antecedents, age and physical or mental condition of the offender;
(n)the financial circumstances of the offender;
(o)the probable effect that any sentence or order under consideration would have on any of the offender’s family or dependants;
(p)whether the offender was affected by alcohol or a controlled drug when the offence was committed and the circumstances in which the offender became affected;
(q)the degree to which the offence was the result of provocation, duress or entrapment;
(r)whether the recording of a conviction or the imposition of a particular penalty would be likely to cause particular hardship to the offender;
(s)any jury recommendation for mercy;
(t)whether the offender is voluntarily seeking treatment for any physical or mental condition that may have contributed to the commission of the offence;
(u)whether the offender was in a position of trust or authority when the offence was committed;
(v)the reason or reasons why the offender committed the offence;
(w)whether the offender has demonstrated remorse;
(x)if the offender has complied with an order for assessment, treatment, referral or monitoring by the court alcohol and drug assessment service under section 40B (2)—that fact;
(y)if the Crimes (Restorative Justice) Act 2004, section 19 (1) (b) applies to the offender—that fact;
(z)whether the offender has paid the prescribed penalty in accordance with any infringement notice served on the offender for the offence;
NoteFor when an infringement notice may be withdrawn after it has been paid, see the Magistrates Court Act 1930, s 127 and the Road Transport (General) Act 1999, s 36.
(za)current sentencing practice.
NoteSee s 133D for additional considerations that apply in sentencing a young offender.
(2)Without limiting subsection (1), in deciding whether a good behaviour order is an appropriate penalty for an offence, the court must consider the nature and severity of the conditions that may apply to the offender under the order.
(3)Subsections (1) and (2) do not limit the matters a court may consider in deciding how an offender should be sentenced (if at all) for an offence.
(4)The fact that any relevant factor is known to the court does not require the court to increase or reduce the severity of the sentence for the offence.
(5)In this section:
defence means—
(a)any lawyer representing the offender; or
(b)if the offender is not legally represented—the offender.
vulnerable person means an adult who—
(a)has a disability within the meaning of the Disability Services Act 1991; or
(b)is at least 60 years old and—
(i)has a disorder, illness or disease that affects the person’s thought processes, perception of reality, emotions or judgment or otherwise results in disturbed behaviour; or
(ii)has an impairment that—
(A)is intellectual, psychiatric, sensory or physical in nature; and
(B)results in a substantially reduced capacity of the person for communication, learning or mobility; or
(iii)for any other reason is socially isolated or unable to participate in the life of the person’s community.
Sentencing—irrelevant considerations
(1)In deciding how an offender should be sentenced (if at all) for an offence, a court must not increase the severity of the sentence it would otherwise have imposed because of any of the following:
(a)a law that has not commenced;
(b)any alleged offences that the offender has not admitted in accordance with section 57 (Outstanding additional offences taken into account in sentencing);
(c)that the offender chose not to give evidence on oath;
(d)that the offender may have committed perjury or been guilty of contempt of court during the proceeding;
(e)the offender’s behaviour in court;
(f)that the offender chose to plead not guilty;
(g)that the offender did not comply with an order for assessment, treatment, referral or monitoring by the court alcohol and drug assessment service under section 40B (2);
(h)that the offender chose not to take part, or chose not to continue to take part, in restorative justice for the offence under the Crimes (Restorative Justice) Act 2004.
(2)In deciding how an offender should be sentenced for an offence, a court must not reduce the severity of a sentence it would otherwise have imposed because of an automatic forfeiture of property, a forfeiture order, or a penalty order under the Confiscation of Criminal Assets Act 2003.

34AASentencing—submissions
In deciding how an offender should be sentenced (if at all) for an offence, a court may consider a submission made by a party to the proceeding stating the sentence, or range of sentences, the party considers appropriate for the court to impose.

34ASentencing—sexual offences against children
For a sexual offence against a child, a court—
(a)must sentence the offender in accordance with sentencing practice, including sentencing patterns, at the time of sentencing; and
(b)must not reduce the severity of a sentence it would otherwise have imposed on an offender because the offender has good character, to the extent that the offender’s good character enabled the offender to commit the offence.
Examples—par (b)
1The offender’s good character was one reason the offender was selected to supervise children on a camp. The offender began to establish a relationship with children at the camp to obtain their compliance in acts of a sexual nature.
2A child’s parents trusted the offender to care for the child because of the offender’s authority in their community. The offender held authority in the community in part because of the offender’s good character. The offender sexually abused the child including while the child was in the offender’s care.
NoteA sentence is limited to the maximum sentence that applied to the offence when it was committed (see Human Rights Act 2004, s 25 (2)).

34BSentencing—family violence offences
(1)In deciding how an offender should be sentenced for a family violence offence, a court must consider the nature of family violence and the context of the offending, including the following:
(a)the matters mentioned in the preamble to the Family Violence Act 2016;
(b)whether the offending occurred at the home of the victim, offender or another person;
(c)whether the offending occurred when a child was present;
(d)if the offence is a serious family violence offence—whether the offender has 1 or more other convictions for serious family violence offences.
(2)A court must not reduce the severity of a sentence it would otherwise have imposed because—
(a)the offence is a family violence offence; or
(b)a family violence order under the Family Violence Act 2016 or a protection order under the Domestic Violence and Protection Orders Act 2008 (repealed) is in force against the offender in relation to the family violence offence.
(3)In this section:
family violence—see the Family Violence Act 2016, dictionary.
serious family violence offence means a family violence offence that is punishable by imprisonment for 5 years or more.

Reduction of sentence—guilty plea
(1)This section applies if—
(a)an offender pleads guilty to an offence; and
(b)based on the information currently available to the court, the court considers that there is a real likelihood that it will sentence the offender to imprisonment.
(2)In deciding how the offender should be sentenced (if at all) for the offence, the court must consider the following matters:
(a)the fact that the offender pleaded guilty;
(b)when the offender pleaded guilty, or indicated an intention to plead guilty;
(c)whether the guilty plea was related to negotiations between the prosecution and defence about the charge to which the offender pleaded guilty;
(d)the seriousness of the offence;
(e)the effect of the offence on the victims of the offence, the victims’ families and anyone else who may make a victim impact statement.
NoteFor who may make a victim impact statement, see s 49.
(3)The court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed if the offender had not pleaded guilty to the offence.
(4)However, in deciding any lesser penalty, the court must not make any significant reduction for the fact that the offender pleaded guilty if, based on established facts, the court considers that the prosecution’s case for the offence was overwhelmingly strong.
(5)For subsection (2) (b), the earlier in the proceeding that the guilty plea is made, or indication is given that it will be made, the lesser the penalty the court may impose.
(6)A lesser penalty imposed under this section must not be unreasonably disproportionate to the nature and circumstances of the offence.
(7)In this section:
available documents, in relation to the offence, means any of the following:
(a)any written statements or admissions made for use as evidence at a trial that would have been admissible as evidence at the trial for the offence;
(b)depositions taken at any committal proceeding for the offence;
(c)any written statements or admissions used as evidence in any committal proceeding for the offence;
(d)any other relevant written documents.
defence means—
(a)the offender; or
(b)any lawyer representing the offender.
established facts means facts established by—
(a)evidence given at the trial; or
(b)available documents; or
(c)admissions by the offender; or
(d)submissions made by the prosecution or defence.

Amendment history
Commencement
s 2om LA s 89 (4)
Dictionary
s 3am A2008‑46 amdt 3.15; A2016‑42 amdt 3.44
Purposes of sentencing
s 7am A2008‑19 amdt 1.36
Meaning of offender
s 8am A2008‑19 amdt 1.37; A2018‑43 s 13; A2019-31 s 12, s 13; A2021-12 amdt 3.15
Imposition of penalties
s 9am A2006‑23 amdt 1.136; A2008‑19 amdt 1.38, amdt 1.39; A2016‑4 s 4, s 5; A2023-33 amdt 2.30; A2023-45 s 82
Imprisonment
s 10am A2006‑23 amdt 1.136; A2008‑19 amdt 1.40, amdt 1.41; A2014‑58 s 4; A2016‑4 s 5
Intensive correction orders
s 11am A2006‑23 amdt 1.104; A2014‑58 s 5
sub A2016‑4 s 7
Suspended sentences
s 12am A2008‑19 amdt 1.42; A2019-31 s 14
Drug and alcohol treatment orders
s 12Ains A2019-31 s 15
am A2023‑40 ss 6-12
Good behaviour orders
s 13am A2006‑23 amdt 1.105; A2008‑19 amdt 1.43, amdt 1.44; A2009‑7 amdt 1.9; A2010‑2 amdt 1.4; A2013‑19 amdt 3.63; A2020-11 amdt 1.29, amdt 1.30; A2021‑1 amdt 1.16; A2021‑24 ss 16-18; ss renum R57 LA
Fines—orders to pay
s 14am A2007‑44 amdt 1.1; A2008‑19 amdt 1.45; A2010‑21 amdt 1.5; ss renum R14 LA; A2020‑42 s 53; A2024‑12 s 7
Fines—security for payment
s 15Ains A2010‑21 amdt 1.6
Driver licence disqualification orders—motor vehicle theft
s 16am A2008‑19 amdt 1.46; A2013‑19 amdt 3.64
Non-conviction orders—general
s 17am A2008‑19 amdt 1.47
Non-conviction orders—ancillary orders
s 18am A2006‑23 amdt 1.106
Reparation orders—losses and expenses generally
s 19am A2013‑19 amdt 3.64; A2016-12 amdt 3.2
Definitions—pt 3.4
s 21def non-association order am A2016‑4 s 8
Application—pt 3.4
s 22am A2016‑4 s 9, s 10
sub A2019-31 s 16
am A2023-45 s 83
Non-association and place restriction orders—when may be made
s 23am A2008‑19 amdt 1.48; A2016‑48 s 30, s 31; A2017‑9 s 6; pars renum R39 LA; A2016‑42 amdt 3.45
Non-association and place restriction orders—maximum period
s 24am A2016‑4 s 11, s 12; A2019-31 s 17; A2023-45 s 84
Non-association and place restriction orders—explanation and official notice
s 25am A2008‑19 amdt 1.49
Combination sentences—offences punishable by imprisonment
s 29am A2006‑23 amdt 1.136; A2008‑19 amdt 1.50, amdt 1.51; A2010‑2 amdt 1.5; A2014‑58 ss 6-8; A2016‑4 ss 13-16; pars renum R30 LA; A2018-6 s 12, s 13
Combination sentences—start and end
s 31am A2006‑23 amdt 1.136; A2008‑19 amdt 1.52; A2018-6 s 14, s 15
Sentencing—relevant considerations
s 33am A2008‑19 amdt 1.53; A2013‑12 s 18; pars renum R23 LA; A2013‑19 amdt 3.65; A2013‑36 s 4; A2018‑34 amdt 1.1; A2020-41 s 7, s 8; A2023-45 amdt 1.27
Sentencing—irrelevant considerations
s 34am A2013‑12 s 19; pars renum R23 LA; A2016‑42 amdt 2.3; A2018-6 s 16; A2018‑46 s 7; A2021‑18 s 6
Sentencing—submissions
s 34AAins A2024‑23 s 4
Sentencing—sexual offences against children
s 34Ains A2018‑46 s 8
Sentencing—family violence offences
s 34Bins A2021‑18 s 7
Reduction of sentence—guilty plea
s 35am A2012‑29 amdt 1.1
Reduction of sentence—assistance in administration of justice
s 35Ains A2013‑36 s 5
Reduction of sentence—statement by court about penalty
s 37am A2013‑36 s 6, s 7
Sentences of imprisonment and uncompleted young offender orders
s 38sub A2008‑20 amdt 4.34
Meaning of assessor—pt 4.2
s 39Ains A2018‑43 s 14
Pre-sentence report matters
s 40Ains A2007‑15 amdt 1.2
am A2008‑19 amdt 1.54; A2013‑12 s 20; pars renum R23 LA
Pre-sentence report matters—court alcohol and drug assessment service
s 40Bins A2013‑12 s 21
Pre-sentence reports—order
s 41sub A2007‑15 amdt 1.2
am A2008‑19 amdt 1.55; A2011‑22 amdt 1.145, amdt 1.149; A2011‑57 s 14; A2012‑29 amdt 1.2; ss renum R22 LA; A2016‑4 s 17, s 18; pars renum R30 LA; A2018‑43 s 15; ss renum R43 LA
Pre-sentence reports by assessors
s 42am A2006‑23 amdt 1.107; pars renum A2006‑23 amdt 1.108
sub A2007‑15 amdt 1.2; A2016‑4 ss 19-21; ss renum R30 LA
Pre-sentence reports—powers of assessors
s 43am A2007‑15 amdt 1.3; A2008‑19 amdt 1.56, amdt 1.57; pars and ss renum R8 LA; A2011‑13 amdt 1.3, amdt 1.4; pars renum R20 LA; A2016‑42 amdt 3.46, amdt 3.47
Pre-sentence reports—availability of written reports
s 45am A2011‑57 s 15
om A2012‑29 amdt 1.3
Intensive corrections assessments
pt 4.2A hdgins A2018‑43 s 16
Meaning of assessor—pt 4.2A
s 46Ains A2018‑43 s 16
Application—pt 4.2A
s 46Bins A2018‑43 s 16
Intensive correction assessments—order
s 46Cins A2018‑43 s 16
am A2020‑14 amdt 1.56; A2021‑1 amdt 1.17
(7)-(9) exp 29 September 2023 (s 46C (9))
Intensive correction orders—intensive correction assessment matters
s 46Dins A2018‑43 s 16
am A2023-33 s 18
Intensive correction assessments—powers of assessors
s 46Eins A2018‑43 s 16
Intensive correction assessments—provision to court
s 46Fins A2018‑43 s 16
Intensive correction assessments—cross-examination
s 46Gins A2018‑43 s 16
Drug and alcohol treatment assessments
pt 4.2B hdgins A2019-31 s 18
Meaning of assessor—pt 4.2B
s 46Hins A2019-31 s 18
Application—pt 4.2B
s 46Iins A2019-31 s 18
Drug and alcohol treatment assessments—order
s 46Jins A2019-31 s 18
Drug and alcohol treatment assessments—drug and alcohol treatment assessment matters
s 46Kins A2019-31 s 18
Drug and alcohol treatment assessments—powers of assessors
s 46Lins A2019-31 s 18
Drug and alcohol treatment assessments—provision to court
s 46Mins A2019-31 s 18
Drug and alcohol treatment assessments—cross‑examination
s 46Nins A2019-31 s 18
Application—pt 4.3
s 48am A2008‑44 amdt 1.45, amdt 1.46
sub A2009‑44 amdt 1.20
Victim impact statements—who may make
s 49am A2008‑20 amdt 3.22
Victim impact statements—form and contents
s 51am A2015‑3 s 27; ss renum R29 LA
Victim impact statements—adjournment of proceeding to allow preparation
s 51Ains A2022‑13 s 77
Victim impact statements—use in court
s 52am A2011‑7 s 9; A2013‑12 s 22; A2015-40 amdt 1.11, amdt 1.12; A2018‑46 amdt 1.3; A2019-6 s 11
Victim impact statements—effect
s 53am A2022‑13 s 78; ss renum R58 LA
Sentencing—schedule offence with criminal group
pt 4.6 hdgins A2019-43 s 13
General
div 4.6.1 hdg        ins A2019-43 s 13
Objects—pt 4.6
s 61Ains A2019-43 s 13
Definitions—pt 4.6
s 61Bins A2019-43 s 13
def court ins A2019-43 s 13
def criminal intelligence ins A2019-43 s 13
def offender ins A2019-43 s 13
def schedule offence ins A2019-43 s 13
Meaning of criminal group—pt 4.6
s 61Cins A2019-43 s 13
Application—pt 4.6
s 61Dins A2019-43 s 13
Review—pt 4.6
s 61Eins A2019-43 s 13
exp 6 June 2025 (s 61E (3))
Schedule offence—criminal group
div 4.6.2 hdg        ins A2019-43 s 13
Schedule offence and criminal group—application
s 61Fins A2019-43 s 13
Schedule offence and criminal group—offender’s response
s 61Gins A2019-43 s 13
Schedule offence and criminal group—when application must be heard and decided
s 61Hins A2019-43 s 13
Court decision—in connection with criminal group
s 61Iins A2019-43 s 13
Court decision—while associated with criminal group
s 61Jins A2019-43 s 13
Maximum penalty for schedule offence
s 61Kins A2019-43 s 13
Criminal group—criminal intelligence
div 4.6.3 hdg        ins A2019-43 s 13
Disclosure of criminal intelligence
s 61Lins A2019-43 s 13
Court must decide whether classified information is criminal intelligence
s 61Mins A2019-43 s 13
Confidentiality of criminal intelligence
s 61Nins A2019-43 s 13
Disclosure of criminal intelligence to offender
s 61Oins A2019-43 s 13
Start and end of sentences—general rule
s 62am A2016‑4 s 22; pars renum R30 LA
Application—pt 5.2
s 64am A2008‑19 amdt 1.58; A2014‑58 s 9; A2016‑4 s 23, s 24; ss renum R30 LA; A2018‑43 s 17; A2019‑42 amdt 3.11;

A2019-31
s 19; pars renum R47 LA; A2023‑42 s 37; A2024‑12 s 8; pars renum R64 LA
Nonparole periods—court to set
s 65am A2006‑23 amdt 1.109; A2023‑42 s 38
Nonparole periods—recommended conditions
s 67am A2006‑23 amdt 1.110
Nonparole periods—appeals
s 67Ains A2021‑18 s 8
Nonparole periods—review of decision on nonparole period
s 68am A2006‑23 amdt 1.111; A2016‑4 s 25
Imprisonment—concurrent and consecutive sentences
pt 5.3 hdgnote ins A2019‑45 s 20
Definitions—pt 5.3
s 69def fine sub A2010‑21 amdt 1.7
Application—pt 5.3
s 70am A2008‑20 amdt 4.35
Concurrent and consecutive sentences—general rule
s 71am A2006‑23 amdt 1.112; A2016‑4 s 26
Concurrent and consecutive sentences—offences while in custody or unlawfully absent
s 72 hdgsub A2006‑23 amdt 1.113
s 72am A2006‑23 amdt 1.114
Amendment of start of sentences on setting aside or amending other sentences
s 74am A2021‑18 s 9
Intensive correction orders
pt 5.4 hdgsub A2016‑4 s 27
General
div 5.4.1A hdg       ins A2018‑43 s 18
Application—pt 5.4
s 76sub A2016‑4 s 27
reloc A2018‑43 s 19
Intensive correction orders—eligibility and suitability
div 5.4.1 hdg        ins A2016‑4 s 27
Intensive correction orders—eligibility
s 77am A2008‑19 amdt 1.59; ss renum R8 LA
sub A2016‑4 s 27
Intensive correction orders—suitability
s 78am A2006‑23 amdt 1.115
sub A2016‑4 s 27
amA2018‑43 ss 20-22; ss renum R43 LA; A2020‑14 amdt 1.57
(1), note 2 exp 29 September 2023 (s 46C (9))
Intensive correction orders—intensive correction assessment matters
s 79am A2007‑15 amdt 1.4
sub A2016‑4 s 27
omA2018‑43 s 23
Intensive correction orders—concurrent and consecutive periods
s 80sub A2016‑4 s 27
Intensive correction orders—community service conditions
div 5.4.2 hdg        ins A2016‑4 s 27
Meaning of community service condition—div 5.4.2
s 80Ains A2016‑4 s 27
Application—div 5.4.2
s 80Bins A2016‑4 s 27
Intensive correction orders—community service—eligibility
s 80Cins A2016‑4 s 27
Intensive correction order—community service—suitability
s 80Dins A2016‑4 s 27
am A2018‑43 s 24
Intensive correction orders—community service—hours to be performed
s 80Eins A2016‑4 s 27
Intensive correction orders—community service—concurrent and consecutive orders
s 80Fins A2016‑4 s 27
Intensive correction orders—rehabilitation program conditions
div 5.4.3 hdg        ins A2016‑4 s 27
Definitions—div 5.4.3
s 80Gins A2016‑4 s 27
def rehabilitation program ins A2016‑4 s 27
def rehabilitation program condition ins A2016‑4 s 27
Application—div 5.4.3
s 80Hins A2016‑4 s 27
Intensive correction orders—rehabilitation programs—eligibility
s 80Iins A2016‑4 s 27
Intensive correction orders—rehabilitation programs—suitability
s 80Jins A2016‑4 s 27
am A2018‑43 s 25
Intensive correction orders—rehabilitation programs—maximum period
s 80Kins A2016‑4 s 27
Intensive correction orders—rehabilitation programs—concurrent and consecutive orders
s 80Lins A2016‑4 s 27
Drug and alcohol treatment orders
pt 5.4A hdgins A2019-31 s 20
Preliminary
div 5.4A.1 hdg       ins A2019-31 s 20
Definitions—pt 5.4A
s 80Mins A2019-31 s 20
def core conditions ins A2019-31 s 20
def member ins A2019-31 s 20
def treatment and supervision team ins A2019-31 s 20
def treatment order obligations ins A2019-31 s 20
def treatment order team ins A2019-31 s 20
def treatment program conditions ins A2019-31 s 20
Application—pt 5.4A
s 80Nins A2019-31 s 20
Objects of drug and alcohol treatment orders
s 80Oins A2019-31 s 20
Drug and alcohol treatment orders—general
div 5.4A.2 hdg       ins A2019-31 s 20
Drug and alcohol treatment orders—offender obligations
s 80Pins A2019-31 s 20
Court may make ancillary orders to achieve object of treatment order
s 80Qins A2019-31 s 20
Drug and alcohol treatment orders—eligibility and suitability
div 5.4A.3 hdg       ins A2019-31 s 20
Application—div 5.4A.3
s 80Rins A2019-31 s 20
Drug and alcohol treatment orders—eligibility
s 80Sins A2019-31 s 20
Drug and alcohol treatment orders—suitability
s 80Tins A2019-31 s 20
am A2023‑40 s 13
Court may remit proceeding
s 80Uins A2019-31 s 20
Drug and alcohol treatment orders—content
div 5.4A.4 hdg       ins A2019-31 s 20
Content of treatment orders
s 80Vins A2019-31 s 20
Drug and alcohol treatment orders—custodial part
div 5.4A.5 hdg       ins A2019-31 s 20
Custodial part of treatment orders
s 80Wins A2019-31 s 20
am A2023‑40 s 14, s 15
Drug and alcohol treatment orders—treatment and supervision part
div 5.4A.6 hdg       ins A2019-31 s 20
Treatment and supervision part of treatment orders
s 80Xins A2019-31 s 20
am A2023‑40 s 16
Core conditions
s 80Yins A2019-31 s 20
am A2023‑40 s 17; pars renum R61 LA; A2023-45 s 85
Treatment program conditions
s 80Zins A2019-31 s 20
am A2023‑40 s 18, s 19; pars renum R61 LA; A2023-45 s 86
Good behaviour order to apply after treatment and supervision part ends
s 80ZAins A2019-31 s 20
Drug and alcohol treatment orders—breaches etc
div 5.4A.7 hdg       ins A2019-31 s 20
sub A2023‑40 s 20
Breach of treatment order—other than commission of offence
s 80ZBins A2019-31 s 20
am A2023‑40 ss 21-23; ss renum R61 LA; A2025‑22 ss 5-10
Breach of treatment order—other than commission of offence—Magistrates Court may make temporary order
s 80ZBAins A2025‑22 s 11
Provisional breach of treatment order—offender in custody
s 80ZCins A2019-31 s 20
Breach of treatment order—commission of offence
s 80ZDins A2019-31 s 20
am A2023‑40 ss 24-28; ss renum R61 LA
Cancellation of treatment order—unsatisfactory circumstances
s 80ZEins A2019-31 s 20
Cancellation of treatment order—satisfactory circumstances
s 80ZFins A2019-31 s 20
Drug and alcohol treatment orders—review by court
div 5.4A.8 hdg       ins A2019-31 s 20
Application—pt 5.4A.8
s 80ZGins A2019-31 s 20
Drug and alcohol treatment orders—review
s 80ZHins A2019-31 s 20
am A2023‑40 s 29, s 30
Drug and alcohol treatment orders—notice of review
s 80ZIins A2019-31 s 20
Drug and alcohol treatment orders—miscellaneous
div 5.4A.9 hdg       ins A2019-31 s 20
Arrest warrant—breach of treatment order obligations
s 80ZJins A2019-31 s 20
Arrest without warrant—breach of treatment order obligations
s 80ZKins A2019-31 s 20
Drug and alcohol treatment orders—outstanding warrants
s 80ZLins A2019-31 s 20
Immunity from criminal liability
s 80ZMins A2019-31 s 20
No appeal against particular decisions
s 80ZNins A2019-31 s 20
Evidentiary certificates
s 80ZOins A2019-31 s 20
am A2025‑29 amdt 4.49
Information exchanges—treatment order team
s 80ZPins A2019-31 s 20
Review of drug and alcohol treatment order provisions
s 80ZQins A2019-31 s 20
exp 3 December 2024 (s 80ZQ (2))
Application—pt 5.5
s 81am A2023‑40 s 31
Imprisonment—explanation to offender
s 82am A2006‑23 amdt 1.136; A2008‑19 amdt 1.60; A2016‑4 s 28; A2019‑45 s 21
Imprisonment—official notice of sentence
s 84am A2008‑19 amdt 1.61, amdt 1.62; A2011‑22 amdt 1.145, amdt 1.149; A2014‑58 s 84; A2016‑4 ss 29-32; A2019‑45 s 21
Good behaviour orders—meaning of community service condition
s 85 hdgsub A2013‑19 amdt 3.66; A2016‑4 s 33
s 85am A2006‑23 amdt 1.116; A2008‑19 amdt 1.63
Good behaviour orders—community service—convicted offenders only
s 87 hdgsub A2016‑4 s 34
Good behaviour orders—community service—eligibility
s 88 hdgsub A2016‑4 s 35
Good behaviour orders—community service—suitability
s 89 hdgsub A2016‑4 s 36
Good behaviour orders—community service—pre‑sentence report matters
s 90 hdgsub A2016‑4 s 37
s 90am A2007‑15 amdt 1.5
Good behaviour orders—community service—hours to be performed
s 91 hdgsub A2016‑4 s 38
s 91am A2008‑19 amdt 1.64
Good behaviour orders—community service—concurrent and consecutive orders
s 92 hdgsub A2016‑4 s 39
s 92am A2008‑19 amdt 1.65
Good behaviour orders—rehabilitation programs—probation condition required
s 95 hdgsub A2016‑4 s 40
s 95am A2009‑7 amdt 1.10
Good behaviour orders—rehabilitation programs—eligibility
s 96 hdgsub A2016‑4 s 41
Good behaviour orders—rehabilitation programs—suitability
s 97 hdgsub A2016‑4 s 42
Good behaviour orders—rehabilitation programs—pre‑sentence report matters
s 98 hdgsub A2016‑4 s 43
s 98am A2007‑15 amdt 1.6
Good behaviour orders—rehabilitation programs—maximum period
s 99 hdgsub A2016‑4 s 44
Good behaviour orders—rehabilitation programs—concurrent and consecutive orders
s 100 hdgsub A2016‑4 s 45
Good behaviour orders—official notice of order
s 103am A2008‑19 amdt 1.66, amdt 1.67; A2011‑22 amdt 1.145, amdt 1.149
Good behaviour—consequences of failure to sign undertaking
s 105am A2021‑24 s 19
Reparation orders—enforcing non-money order
s 110Ains A2006‑23 amdt 1.117
Reparation orders—Confiscation of Criminal Assets Act
s 112am A2006‑23 amdt 1.118
Reparation orders—official notice of order
s 113am A2008‑19 amdt 1.68, amdt 1.69
Meaning of deferred sentence obligations
s 115 hdgsub A2013‑19 amdt 3.66
Deferred sentence orders—explanation and official notice
s 121am A2008‑19 amdt 1.70
Deferred sentence orders—review
s 126am A2008‑19 amdt 1.71; A2011‑22 amdt 1.145, amdt 1.149
Deferred sentence orders—notice of review
s 127am A2008‑19 amdt 1.72; A2011‑22 amdt 1.145, amdt 1.149
Deferred sentence orders—when amendments take effect
s 129am A2008‑19 amdt 1.73, amdt 1.74; A2011‑22 amdt 1.145, amdt 1.149
Deferred sentence orders—when cancellation takes effect
s 130am A2008‑19 amdt 1.75, amdt 1.76; A2011‑22 amdt 1.145, amdt 1.149
Sentencing young offenders
ch 8A hdgins A2008‑19 amdt 1.77
General
pt 8A.1 hdgins A2008‑19 amdt 1.77
Purpose—ch 8A
s 133Ains A2008‑19 amdt 1.77
Meaning of young offender
s 133B hdgsub A2013‑19 amdt 3.66
s 133Bins A2008‑19 amdt 1.77
Young offenders—purposes of sentencing
s 133Cins A2008‑19 amdt 1.77
Young offenders—sentencing—additional relevant considerations
s 133Dins A2008‑19 amdt 1.77
Young offenders—pre-sentence report matters
s 133Eins A2008‑19 amdt 1.77
Young offenders—director‑general may give court information about availability of resources
s 133F hdgam A2011‑22 amdt 1.145
s 133Fins A2008‑19 amdt 1.77
am A2011‑22 amdt 1.149
Young offenders—sentences of imprisonment
s 133Gins A2008‑19 amdt 1.77
Young offenders—imprisonment to be at detention place
s 133Hins A2008‑19 amdt 1.77
Young offenders—non-association and place restriction orders
s 133Iins A2008‑19 amdt 1.77
Young offenders—notice of orders to parent etc
s 133Jins A2008‑19 amdt 1.77
amA2023-45 s 87
Young offenders—references to corrections officer
s 133Kins A2008‑19 amdt 1.77
Young offenders—good behaviour orders
pt 8A.2 hdgins A2008‑19 amdt 1.77
Young offenders—good behaviour orders generally
div 8A.2.1 hdg       ins A2008‑19 amdt 1.77
Young offenders—community service—hours to be performed
s 133Lins A2008‑19 amdt 1.77
am A2016‑4 s 46
Young offenders—good behaviour orders—conditions
s 133Mins A2008‑19 amdt 1.77
am A2009‑7 amdt 1.11; A2009‑24 amdt 1.15
Good behaviour orders—education and training conditions
div 8A.2.2 hdg       ins A2008‑19 amdt 1.77
Meaning of education and training condition
s 133N hdgsub A2013‑19 amdt 3.66
s 133Nins A2008‑19 amdt 1.77
Application—div 8A.2.2
s 133Oins A2008‑19 amdt 1.77
Education and training conditions—for young offenders convicted or found guilty
s 133P hdgsub A2009‑24 amdt 1.16
s 133Pins A2008‑19 amdt 1.77
Education and training conditions—eligibility
s 133Qins A2008‑19 amdt 1.77
Education and training conditions—suitability
s 133Rins A2008‑19 amdt 1.77
am A2011‑22 amdt 1.149
Education and training conditions—maximum period
s 133Sins A2008‑19 amdt 1.77
Education and training conditions—2 or more good behaviour orders
s 133Tins A2008‑19 amdt 1.77
Good behaviour orders—supervision conditions
div 8A.2.3 hdg       ins A2008‑19 amdt 1.77
Meaning of supervision condition
s 133U hdgsub A2013‑19 amdt 3.66
s 133Uins A2008‑19 amdt 1.77
am A2011‑22 amdt 1.145, amdt 1.149; A2015‑3 s 28
Supervision conditions—when required
s 133Vins A2008‑19 amdt 1.77
am A2009‑7 amdt 1.12
Supervision conditions—maximum period
s 133Wins A2008‑19 amdt 1.77
am A2011‑22 amdt 1.145
Supervision conditions—2 or more good behaviour orders
s 133Xins A2008‑19 amdt 1.77
Young offenders—therapeutic correction orders
pt 8A.2A hdg        ins A2023-45 s 88
Preliminary
div 8A.2A.1 hdg     ins A2023-45 s 88
Definitions—pt 8A.2A
s 133XAins A2023-45 s 88
def assessor ins A2023-45 s 88
def core conditions ins A2023-45 s 88
def sentencing court ins A2023-45 s 88
def therapeutic correction assessment ins A2023-45 s 88
def therapeutic correction conditions ins A2023-45 s 88
def therapeutic correction obligations ins A2023-45 s 88
def therapeutic correction order ins A2023-45 s 88
def therapeutic correction plan ins A2023-45 s 88
def therapeutic correction team ins A2023-45 s 88
Therapeutic correction orders—general
div 8A.2A.2ins A2023-45 s 88
Therapeutic correction orders
s 133XBins A2023-45 s 88
Therapeutic correction order—maximum period
s 133XCins A2023-45 s 88
Therapeutic correction order—young offender obligations
s 133XDins A2023-45 s 88
Court may make ancillary orders to achieve object of therapeutic correction order
s 133XEins A2023-45 s 88
Therapeutic correction orders—suitability
div 8A.2A.3 hdg     ins A2023-45 s 88
Therapeutic correction orders—requirement for assessment and therapeutic correction plan
s 133XFins A2023-45 s 88
Therapeutic correction assessments
s 133XGins A2023-45 s 88
Therapeutic correction assessment matters
s 133XHins A2023-45 s 88
Therapeutic correction assessments—powers of assessors
s 133XIins A2023-45 s 88
Therapeutic correction assessment—therapeutic correction plan
s 133XJins A2023-45 s 88
Therapeutic correction assessments—provision to court
s 133XKins A2023-45 s 88
Therapeutic correction assessments—cross‑examination
s 133XLins A2023-45 s 88
Therapeutic correction orders—content
div 8A.2A.4 hdg     ins A2023-45 s 88
Content of therapeutic correction order
s 133XMins A2023-45 s 88
Core conditions
s 133XNins A2023-45 s 88
Therapeutic correction conditions
s 133XOins A2023-45 s 88
Therapeutic correction orders—supervision
div 8A.2A.5 hdg     ins A2023-45 s 88
CYP director-general to report breach of therapeutic correction obligations
s 133XPins A2023-45 s 88
Summons to attend court—breach of therapeutic correction obligations
s 133XQins A2023-45 s 88
Arrest without warrant—breach of therapeutic correction obligations
s 133XRins A2023-45 s 88
Arrest warrant—breach of therapeutic correction obligations
s 133XSins A2023-45 s 88
Therapeutic correction orders—breach
div 8A.2A.6 hdg     ins A2023-45 s 88
Breach of therapeutic correction order
s 133XTins A2023-45 s 88
Therapeutic correction orders—review by court
div 8A.2A.7 hdg     ins A2023-45 s 88
Application—div 8A.2A.7
s 133XUins A2023-45 s 88
Therapeutic correction orders—review
s 133XVins A2023-45 s 88
Therapeutic correction orders—CYP director-general must apply for review
s 133XWins A2023-45 s 88
Therapeutic correction orders—notice of proposed review
s 133XXins A2023-45 s 88
Therapeutic correction orders—miscellaneous
div 8A.2A.8 hdg     ins A2023-45 s 88
Evidentiary certificates
s 133XYins A2023-45 s 88
Information exchanges—therapeutic correction team
s 133XZins A2023-45 s 88
Meaning of accommodation order
s 133Yam A2015‑3 s 29
Young offenders—accommodation orders
pt 8A.3 hdgins A2008‑19 amdt 1.77
Meaning of accommodation order
s 133Y hdgsub A2013‑19 amdt 3.66
s 133Yins A2008‑19 amdt 1.77
am A2011‑22 amdt 1.145, amdt 1.149
Accommodation orders—for young offenders convicted or found guilty
s 133Z hdgsub A2009‑24 amdt 1.17
s 133Zins A2008‑19 amdt 1.77
Accommodation orders—eligibility
s 133ZAins A2008‑19 amdt 1.77
Accommodation orders—suitability
s 133ZBins A2008‑19 amdt 1.77
am A2011‑22 amdt 1.149
Accommodation orders—maximum period
s 133ZCins A2008‑19 amdt 1.77
Accommodation orders—2 or more orders
s 133ZDins A2008‑19 amdt 1.77
Operation of ancillary and restitution orders
s 134am A2006‑23 amdt 1.119; A2007‑15 amdt 1.7
Information exchanges between criminal justice entities
s 136am A2006‑23 amdt 1.120, amdt 1.121; A2008‑19 amdt 1.78; pars renum R8 LA; A2010‑29 amdt 1.1; A2011‑22 amdt 1.145, amdt 1.149; A2016‑13 amdt 1.50
Regulation-making power
s 139am A2025‑29 amdt 4.49
Transitional
ch 10 hdgexp 2 June 2011 (s 147 (1))
Application of Act to offenders charged before and after commencement
s 140 hdgsub A2006‑23 amdt 1.122
s 140am A2006‑23 amdt 1.123, amdt 1.124
exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
References to charge—s 140
s 140Ains as mod SL2006‑25 mod 1.1
exp 18 December 2007 (see SL2006‑22 s 3 (2))
ins A2008‑22 amdt 1.22
exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Nonparole periods—Rehabilitation of Offenders (Interim) Act, s 31
s 141am A2006‑23 amdts 1.125-1.127
exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Reparation orders—Crimes Act, s 350
s 142am A2006‑23 amdt 1.127
exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Transitional regulations
s 143am A2006‑23 amdt 1.128
exp 2 June 2008 (s 143 (4))
Common law disabilities of convictions abolished
s 144ins A2006‑23 amdt 1.129
exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Construction of outdated references
s 145ins A2006‑23 amdt 1.129
exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Application of Legislation Act, s 88
s 146ins A2006‑23 amdt 1.129
exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Expiry of ch 10
s 147ins A2006‑23 amdt 1.129
exp 2 June 2011 (s 147 (1))
Transitional—Children and Young People Act 2008
ch 11 hdgins A2008‑20 amdt 1.4
exp 27 February 2014 (s 203 (1) (LA s 88 declaration applies))
Meaning of commencement day—ch 11
s 200ins A2008‑20 amdt 1.4
exp 27 February 2014 (s 203 (1) (LA s 88 declaration applies))
Application of amendments
s 201ins A2008‑20 amdt 1.4
exp 27 February 2014 (s 203 (1) (LA s 88 declaration applies))
Transitional regulations
s 202ins A2008‑20 amdt 1.4
exp 27 February 2011 (s 202 (4))
Expiry—ch 11
s 203ins A2008‑20 amdt 1.4
exp 27 February 2014 (s 203 (1) (LA s 88 declaration applies))
Transitional—Crimes (Sentencing) Amendment Act 2014
ch 12 hdgins A2014‑58 s 11
exp 1 July 2016 (s 205)
Application of amendments
s 204ins A2014‑58 s 11
exp 1 July 2016 (s 205)
Expiry—ch 12
s 205ins A2014‑58 s 11
exp 1 July 2016 (s 205)
Delegation
ch 13 hdgins A2017‑6 s 5
exp 21 February 2017 (s 207)
Delegation
s 206ins A2017‑6 s 5
exp 21 February 2017 (s 207)
Expiry—ch 13
s 207ins A2017‑6 s 5
exp 21 February 2017 (s 207)
Schedule offences
sch 1ins A2019-43 s 14
Criminal Code
sch 1 pt 1.2 hdg     sub A2025‑29 amdt 3.76
Dictionary
dictam A2011‑22 amdt 1.146; A2013‑19 amdt 3.67; A2016‑13 amdt 1.51; A2016‑52 amdt 1.60; A2018‑43 s 26; A2024‑12 s 9
def accommodation order ins A2008‑19 amdt 1.79
def assessor am A2007‑15 amdt 1.8
sub A2018‑43 s 27
am A2019-31 s 21; A2023-45 s 89
def at ins A2006‑23 amdt 1.130
sub A2008‑19 amdt 1.80
def correctional centre am A2013‑19 amdt 3.68
def chief executive (CYP) ins A2008‑19 amdt 1.81
om A2011‑22 amdt 1.147
def community service condition sub A2016‑4 s 47
def community service work sub A2006‑23 amdt 1.131
def core conditions ins A2019-31 s 22
sub A2023-45 s 90
def corrections officer sub A2006‑23 amdt 1.132
om A2024‑12 s 10
def court sub A2019-31 s 23; A2021-12 amdt 3.16
def court, for part 4.6 ins A2019-43 s 15
om A2021-12 amdt 3.16
def criminal group ins A2019-43 s 15
def criminal intelligence ins A2019-43 s 15
def custodial part ins A2019-31 s 24
def CYP director‑general ins A2011‑22 amdt 1.148
def deferred sentence obligations sub A2013‑19 amdt 3.69
def detention place ins A2008‑19 amdt 1.81
def domestic violence offence am A2008‑46 amdt 3.16
om A2016‑42 amdt 3.48
def drug and alcohol treatment assessment ins A2019-31 s 24
def drug and alcohol treatment order ins A2019-31 s 24
def education and training condition ins A2008‑19 amdt 1.81
def family violence offence ins A2016‑42 amdt 3.49
def health director-general ins A2019-31 s 24
def intensive correction ins A2016‑4 s 48
def intensive correction assessment ins A2018‑43 s 28
def intensive correction order ins A2016‑4 s 48
def member ins A2019-31 s 24
def offender, for part 4.6 ins A2019-43 s 15
om A2021-12 amdt 3.17
def parole order sub A2006‑23 amdt 1.133
def periodic detention sub A2006‑23 amdt 1.134
om A2016‑4 s 49
def periodic detention period am A2006‑23 amdt 1.135
om A2016‑4 s 49
def pre-sentence report matter ins A2007‑15 amdt 1.9
sub A2008‑19 amdt 1.82; A2012‑29 amdt 1.4
def pre-sentence report order om A2007‑15 amdt 1.10
def rehabilitation program sub A2016‑4 s 50
def rehabilitation program condition sub A2016‑4 s 50
def schedule offence ins A2019-43 s 15
def sentencing court sub A2023-45 s 91
def supervision condition ins A2008‑19 amdt 1.83
def therapeutic correction assessment ins A2023-45 s 92
def therapeutic correction conditions ins A2023-45 s 92
def therapeutic correction obligations ins A2023-45 s 92
def therapeutic correction order ins A2023-45 s 92
def therapeutic correction plan ins A2023-45 s 92
def therapeutic correction team ins A2023-45 s 92
def treatment and supervision part ins A2019-31 s 24
def treatment and supervision team ins A2019-31 s 24
def treatment order ins A2019-31 s 24
def treatment order obligations ins A2019-31 s 24
def treatment order team ins A2019-31 s 24
def treatment program ins A2019-31 s 24
def treatment program conditions ins A2019-31 s 24
def young offender ins A2008‑19 amdt 1.83

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date Effective Last amendment made by Republication for

R1
2 June 2006 2 June 2006–
31 July 2007 SL2006‑25 new Act, amendments by A2006‑23 and modifications by SL2006‑22 as amended by SL2006‑25

R2
1 Aug 2007 1 Aug 2007–
18 Dec 2007 A2007‑15 amendments by A2007‑15

R3
19 Dec 2007 19 Dec 2007–
19 Dec 2007 A2007‑44 commenced expiry

R4
20 Dec 2007 20 Dec 2007–
2 June 2008 A2007‑44 amendments by A2007‑44

R5
3 June 2008 3 June 2008–
28 July 2008 A2007‑44 commenced expiry

R6
29 July 2008 29 July 2008–
26 Oct 2008 A2008‑22 amendments by A2008‑22

R7
27 Oct 2008 27 Oct 2008–
26 Feb 2009 A2008‑46 amendments by A2008‑20

R8
27 Feb 2009 27 Feb 2009–
5 Mar 2009 A2008‑46 amendments by A2008‑19 and A2008‑20

R9
6 Mar 2009 6 Mar 2009–
29 Mar 2009 A2009‑7 amendments by A2009‑7

R10
30 Mar 2009 30 Mar 2009–
29 May 2009 A2009‑7 amendments by A2008‑46

R11*
30 May 2009 30 May 2009–
3 Sept 2009 A2009‑7 amendments by A2008‑44

R12
4 Sept 2009 4 Sept 2009–
24 Nov 2009 A2009‑24 amendments by A2009‑24

R13
25 Nov 2009 25 Nov 2009–
30 June 2010 A2009‑44 amendments by A2009‑44

R14
1 July 2010 1 July 2010–
15 Aug 2010 A2010‑21 amendments by A2010‑21

R15
16 Aug 2010 16 Aug 2010–
27 Feb 2011 A2010‑21 amendments by A2010‑2

R16
28 Feb 2011 28 Feb 2011–
16 Mar 2011 A2010‑29 amendments by A2010‑29 and expiry of provision (s 202)

R17
17 Mar 2011 17 Mar 2011–
2 June 2011 A2011‑7 amendments by A2011‑7

R18
3 June 2011 3 June 2011–
30 June 2011 A2011‑13 expiry of transitional provisions (ch 10)

R19
1 July 2011 1 July 2011–
24 July 2011 A2011‑22 amendments by A2011‑22

R20*
25 July 2011 25 July 2011–
14 Dec 2011 A2011‑22 amendments by A2011‑13

R21
15 Dec 2011 15 Dec 2011–
12 Aug 2012 A2011‑57 amendments by A2011‑57

R22
13 Aug 2012 13 Aug 2012–
23 Apr 2013 A2012‑29 amendments by A2012‑29

R23
24 Apr 2013 24 Apr 2013–
12 June 2013 A2013‑12 amendments by A2013‑12

R24
13 June 2013 13 June 2013–
13 June 2013 A2013‑12 amendments by A2012‑29

R25
14 June 2013 14 June 2013–
24 Sept 2013 A2013‑19 amendments by A2013‑19

R26
25 Sept 2013 25 Sept 2013–
27 Feb 2014 A2013-36 amendments by A2013-36

R27
28 Feb 2014 28 Feb 2014–
4 Dec 2014 A2013-36 expiry of transitional provisions (ch 11)

R28
5 Dec 2014 5 Dec 2014–
2 Mar 2015 A2014‑58 amendments by A2014‑58

R29
3 Mar 2015 3 Mar 2015–
1 Mar 2016 A2015-3 amendments by A2015-3

R30
2 Mar 2016 2 Mar 2016–
31 Mar 2016 A2016‑4 amendments by A2016‑4

R31
1 Apr 2016 1 Apr 2016–
3 May 2016 A2016-13 amendments by A2016-13

R32
4 May 2016 4 May 2016–
30 June 2016 A2016‑13 amendments by A2015-40

R33
1 July 2016 1 July 2016–
1 July 2016 A2016‑13 amendments by A2016-12

R34
2 July 2016 2 July 2016–
23 Aug 2016 A2016‑13 expiry of transitional provisions (ch 12)

R35
24 Aug 2016 24 Aug 2016–
31 Aug 2016 A2016-48 amendments by A2016-48

R36
1 Sept 2016 1 Sept 2016–
20 Feb 2017 A2016-52 amendments by A2016-52

R37
21 Feb 2017 21 Feb 2017–
21 Feb 2017 A2017‑6 amendments by A2017‑6

R38
22 Feb 2017 22 Feb 2017–
5 Apr 2017 A2017‑6 expiry of provisions (ch 13)

R39
6 Apr 2017 6 Apr 2017–
30 Apr 2017 A2017-9 amendments by A2017-9

R40
1 May 2017 1 May 2017–
1 Mar 2018 A2017-10 amendments by A2016-42 as amended by A2017-10

R41
2 Mar 2018 2 Mar 2018–
30 Sept 2018 A2018-6 amendments by A2018-6

R42
1 Oct 2018 1 Oct 2018–
8 Nov 2018 A2018-34 amendments by A2018-34

R43
9 Nov 2018 9 Nov 2018–
4 Dec 2018 A2018‑43 amendments by A2018‑43

R44
5 Dec 2018 5 Dec 2018–
31 Aug 2019 A2018‑46 amendments by A2018‑46

R45
1 Sept 2019 1 Sept 2019–
13 Nov 2019 A2019‑6 amendments by A2019‑6

R46
14 Nov 2019 14 Nov 2019–
2 Dec 2019 A2019‑42 A2019‑42

R47
3 Dec 2019 3 Dec 2019–
1 Mar 2020 A2019‑42 amendments by A2019-31

R48
2 Mar 2020 2 Mar 2020–
7 Apr 2020 A2019-45 amendments by A2019-45

R49
8 Apr 2020 8 Apr 2020–
13 May 2020 A2020‑11 amendments by A2020‑11

R50
14 May 2020 14 May 2020–
5 June 2020 A2020-14 amendments by A2020-14

R51
6 June 2020 6 June 2020–
9 Sept 2020 A2020‑14 amendments by A2019-43

R52
10 Sept 2020 10 Sept 2020–
19 Sept 2021 A2020‑42 amendments by A2020‑42

R53
20 Feb 2021 20 Feb 2021–
19 Apr 2021 A2021‑1 amendments by A2021‑1

R54
20 Apr 2021 20 Apr 2021–
22 June 2021 A2021‑1 amendments by A2020-41

R55
23 June 2021 23 June 2021–
11 Aug 2021 A2021‑12 amendments by A2021‑12

R56
12 Aug 2021 12 Aug 2021–
13 Oct 2021 A2021‑18 amendments by A2021‑18

R57
14 Oct 2021 14 Oct 2021–
16 Aug 2022 A2021‑24 amendments by A2021‑24

R58 (RI)
24 Nov 2022 17 Aug 2022–
12 Sept 2023 A2022‑13 amendments by A2022‑13
reissued for textual correction in table 90

R59
13 Sept 2023 13 Sept 2023–
29 Sept 2023 A2023‑33 amendments by A2023‑33

R60
30 Sept 2023 30 Sept 2023–
8 Nov 2023 A2023‑33 expiry of provisions (s 46C (7)-(9), s 78 (1) note 2))

R61
9 Nov 2023 9 Nov 2023–
21 Nov 2023 A2023‑42 amendments by A2023‑40 and A2023‑42

R62
22 Nov 2023 22 Nov 2023–
26 Mar 2024 A2023‑45 amendments by A2023‑45

R63
27 Mar 2024 27 Mar 2024–
25 Apr 2024 A2023‑45 amendments by A2023‑45

R64
26 Apr 2024 26 Apr 2024–
24 May 2024 A2024‑12 amendments by A2024‑12

R65
25 May 2024 25 May 2024–
3 Dec 2024 A2024‑23 amendments by A2024‑23

R66
4 Dec 2024 4 Dec 2024–
6 June 2025 A2024‑23 expiry of provision (s 80ZQ)

R67
7 June 2025 7 June 2025–
12 Sept 2025 A2024‑23 expiry of provision (s 61E)

R68
13 Sept 2025 13 Sept 2025–
15 Nov 2025 A2025‑22 amendments by A2025‑22

Republication No and date	Effective	Last amendment made by	Republication for
R1 2 June 2006	2 June 2006– 31 July 2007	SL2006‑25	new Act, amendments by A2006‑23 and modifications by SL2006‑22 as amended by SL2006‑25
R2 1 Aug 2007	1 Aug 2007– 18 Dec 2007	A2007‑15	amendments by A2007‑15
R3 19 Dec 2007	19 Dec 2007– 19 Dec 2007	A2007‑44	commenced expiry
R4 20 Dec 2007	20 Dec 2007– 2 June 2008	A2007‑44	amendments by A2007‑44
R5 3 June 2008	3 June 2008– 28 July 2008	A2007‑44	commenced expiry
R6 29 July 2008	29 July 2008– 26 Oct 2008	A2008‑22	amendments by A2008‑22
R7 27 Oct 2008	27 Oct 2008– 26 Feb 2009	A2008‑46	amendments by A2008‑20
R8 27 Feb 2009	27 Feb 2009– 5 Mar 2009	A2008‑46	amendments by A2008‑19 and A2008‑20
R9 6 Mar 2009	6 Mar 2009– 29 Mar 2009	A2009‑7	amendments by A2009‑7
R10 30 Mar 2009	30 Mar 2009– 29 May 2009	A2009‑7	amendments by A2008‑46
R11* 30 May 2009	30 May 2009– 3 Sept 2009	A2009‑7	amendments by A2008‑44
R12 4 Sept 2009	4 Sept 2009– 24 Nov 2009	A2009‑24	amendments by A2009‑24
R13 25 Nov 2009	25 Nov 2009– 30 June 2010	A2009‑44	amendments by A2009‑44
R14 1 July 2010	1 July 2010– 15 Aug 2010	A2010‑21	amendments by A2010‑21
R15 16 Aug 2010	16 Aug 2010– 27 Feb 2011	A2010‑21	amendments by A2010‑2
R16 28 Feb 2011	28 Feb 2011– 16 Mar 2011	A2010‑29	amendments by A2010‑29 and expiry of provision (s 202)
R17 17 Mar 2011	17 Mar 2011– 2 June 2011	A2011‑7	amendments by A2011‑7
R18 3 June 2011	3 June 2011– 30 June 2011	A2011‑13	expiry of transitional provisions (ch 10)
R19 1 July 2011	1 July 2011– 24 July 2011	A2011‑22	amendments by A2011‑22
R20* 25 July 2011	25 July 2011– 14 Dec 2011	A2011‑22	amendments by A2011‑13
R21 15 Dec 2011	15 Dec 2011– 12 Aug 2012	A2011‑57	amendments by A2011‑57
R22 13 Aug 2012	13 Aug 2012– 23 Apr 2013	A2012‑29	amendments by A2012‑29
R23 24 Apr 2013	24 Apr 2013– 12 June 2013	A2013‑12	amendments by A2013‑12
R24 13 June 2013	13 June 2013– 13 June 2013	A2013‑12	amendments by A2012‑29
R25 14 June 2013	14 June 2013– 24 Sept 2013	A2013‑19	amendments by A2013‑19
R26 25 Sept 2013	25 Sept 2013– 27 Feb 2014	A2013-36	amendments by A2013-36
R27 28 Feb 2014	28 Feb 2014– 4 Dec 2014	A2013-36	expiry of transitional provisions (ch 11)
R28 5 Dec 2014	5 Dec 2014– 2 Mar 2015	A2014‑58	amendments by A2014‑58
R29 3 Mar 2015	3 Mar 2015– 1 Mar 2016	A2015-3	amendments by A2015-3
R30 2 Mar 2016	2 Mar 2016– 31 Mar 2016	A2016‑4	amendments by A2016‑4
R31 1 Apr 2016	1 Apr 2016– 3 May 2016	A2016-13	amendments by A2016-13
R32 4 May 2016	4 May 2016– 30 June 2016	A2016‑13	amendments by A2015-40
R33 1 July 2016	1 July 2016– 1 July 2016	A2016‑13	amendments by A2016-12
R34 2 July 2016	2 July 2016– 23 Aug 2016	A2016‑13	expiry of transitional provisions (ch 12)
R35 24 Aug 2016	24 Aug 2016– 31 Aug 2016	A2016-48	amendments by A2016-48
R36 1 Sept 2016	1 Sept 2016– 20 Feb 2017	A2016-52	amendments by A2016-52
R37 21 Feb 2017	21 Feb 2017– 21 Feb 2017	A2017‑6	amendments by A2017‑6
R38 22 Feb 2017	22 Feb 2017– 5 Apr 2017	A2017‑6	expiry of provisions (ch 13)
R39 6 Apr 2017	6 Apr 2017– 30 Apr 2017	A2017-9	amendments by A2017-9
R40 1 May 2017	1 May 2017– 1 Mar 2018	A2017-10	amendments by A2016-42 as amended by A2017-10
R41 2 Mar 2018	2 Mar 2018– 30 Sept 2018	A2018-6	amendments by A2018-6
R42 1 Oct 2018	1 Oct 2018– 8 Nov 2018	A2018-34	amendments by A2018-34
R43 9 Nov 2018	9 Nov 2018– 4 Dec 2018	A2018‑43	amendments by A2018‑43
R44 5 Dec 2018	5 Dec 2018– 31 Aug 2019	A2018‑46	amendments by A2018‑46
R45 1 Sept 2019	1 Sept 2019– 13 Nov 2019	A2019‑6	amendments by A2019‑6
R46 14 Nov 2019	14 Nov 2019– 2 Dec 2019	A2019‑42	A2019‑42
R47 3 Dec 2019	3 Dec 2019– 1 Mar 2020	A2019‑42	amendments by A2019-31
R48 2 Mar 2020	2 Mar 2020– 7 Apr 2020	A2019-45	amendments by A2019-45
R49 8 Apr 2020	8 Apr 2020– 13 May 2020	A2020‑11	amendments by A2020‑11
R50 14 May 2020	14 May 2020– 5 June 2020	A2020-14	amendments by A2020-14
R51 6 June 2020	6 June 2020– 9 Sept 2020	A2020‑14	amendments by A2019-43
R52 10 Sept 2020	10 Sept 2020– 19 Sept 2021	A2020‑42	amendments by A2020‑42
R53 20 Feb 2021	20 Feb 2021– 19 Apr 2021	A2021‑1	amendments by A2021‑1
R54 20 Apr 2021	20 Apr 2021– 22 June 2021	A2021‑1	amendments by A2020-41
R55 23 June 2021	23 June 2021– 11 Aug 2021	A2021‑12	amendments by A2021‑12
R56 12 Aug 2021	12 Aug 2021– 13 Oct 2021	A2021‑18	amendments by A2021‑18
R57 14 Oct 2021	14 Oct 2021– 16 Aug 2022	A2021‑24	amendments by A2021‑24
R58 (RI) 24 Nov 2022	17 Aug 2022– 12 Sept 2023	A2022‑13	amendments by A2022‑13 reissued for textual correction in table 90
R59 13 Sept 2023	13 Sept 2023– 29 Sept 2023	A2023‑33	amendments by A2023‑33
R60 30 Sept 2023	30 Sept 2023– 8 Nov 2023	A2023‑33	expiry of provisions (s 46C (7)-(9), s 78 (1) note 2))
R61 9 Nov 2023	9 Nov 2023– 21 Nov 2023	A2023‑42	amendments by A2023‑40 and A2023‑42
R62 22 Nov 2023	22 Nov 2023– 26 Mar 2024	A2023‑45	amendments by A2023‑45
R63 27 Mar 2024	27 Mar 2024– 25 Apr 2024	A2023‑45	amendments by A2023‑45
R64 26 Apr 2024	26 Apr 2024– 24 May 2024	A2024‑12	amendments by A2024‑12
R65 25 May 2024	25 May 2024– 3 Dec 2024	A2024‑23	amendments by A2024‑23
R66 4 Dec 2024	4 Dec 2024– 6 June 2025	A2024‑23	expiry of provision (s 80ZQ)
R67 7 June 2025	7 June 2025– 12 Sept 2025	A2024‑23	expiry of provision (s 61E)
R68 13 Sept 2025	13 Sept 2025– 15 Nov 2025	A2025‑22	amendments by A2025‑22

Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.