Crimes Amendment (Remissions of Sentences) Act 2021

Administered by Attorney-General's Department

Legislation au C2021A00129 In force Act

Legislation content

 

 

 

 

 

 

Crimes Amendment (Remissions of Sentences) Act 2021

 

No. 129, 2021

 

 

 

 

 

An Act to amend the Crimes Act 1914, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Crimes Act 1914

 

 

 

Crimes Amendment (Remissions of Sentences) Act 2021

No. 129, 2021

 

 

 

An Act to amend the Crimes Act 1914, and for related purposes

[Assented to 8 December 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Crimes Amendment (Remissions of Sentences) Act 2021.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

9 December 2021

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Crimes Act 1914

1  Subsection 16(1) (subparagraph (b)(i) of the definition of licence period)

Omit “(after deducting any remission or reduction that is applicable)”.

2  Section 19AA

Repeal the section.

3  Paragraph 19AB(3)(b)

Omit “, as reduced by any remissions or reductions under section 19AA”.

4  Paragraph 19AC(4)(b)

Omit “, as reduced by any remissions or reductions under section 19AA”.

5  Section 19AF (heading)

Omit “remitted”.

6  Subsection 19AF(1)

Omit “, as reduced by any remissions or reductions under section 19AA”.

7  Paragraph 19AMA(3)(a)

Omit “(after deducting any remission or reduction that is applicable)”.

8  Paragraph 19AR(4)(b)

Omit “, as reduced by any remissions or reductions under section 19AA”.

9  Paragraph 19AW(1)(f)

Omit “subsection (3)”, substitute “subsections (3) and (3A)”.

10  After subsection 19AW(3)

Insert:

 (3A) Before fixing a non‑parole period under paragraph (1)(f) in respect of the outstanding sentence or sentences, the prescribed authority must have regard to the period of time spent by the person on parole or licence before the parole order or licence was revoked under subsection 19AU(1).

11  Application provisions

Scope

(1) This item applies if, immediately before the commencement of this item:

 (a) a person had served, or was serving, a federal sentence in a prison of a State or Territory; and

 (b) a law of the State or Territory provides, or provided, for the remission or reduction (however described) of State or Territory sentences being served in a prison of the State or Territory; and

 (c) as a result of:

 (i) the law mentioned in paragraph (b); and

 (ii) subsection 19AA(1) of the Crimes Act 1914 (as in force immediately before the commencement of this item);

  there was a remission or reduction (the pre‑commencement remission or reduction) of the federal sentence.

Application—federal sentences that had been served before commencement

(2) If, before the commencement of this item, the person had served the federal sentence, then, despite the amendments of Part IB of the Crimes Act 1914 made by this Schedule, that Part continues to apply, in relation to the pre‑commencement remission or reduction of the federal sentence, as if those amendments had not been made.

Application—federal sentences that were being served immediately before commencement (laws of a kind mentioned in subsection 19AA(2) of the Crimes Act 1914)

(3) If, immediately before the commencement of this item:

 (a) the person was serving the federal sentence; and

 (b) the law mentioned in paragraph (1)(b) is, or was, a law of a kind mentioned in subsection 19AA(2) of the Crimes Act 1914 (as in force immediately before the commencement of this item);

then, despite the amendments of Part IB of the Crimes Act 1914 made by this Schedule, that Part continues to apply, in relation to the pre‑commencement remission or reduction of the federal sentence, as if those amendments had not been made.

Application—federal sentences that were being served immediately before commencement (laws of a kind not mentioned in subsection 19AA(2) of the Crimes Act 1914)

(4) If, immediately before the commencement of this item:

 (a) the person was serving the federal sentence; and

 (b) the law mentioned in paragraph (1)(b) is not, or was not, a law of a kind mentioned in subsection 19AA(2) of the Crimes Act 1914 (as in force immediately before the commencement of this item);

then:

 (c) the amendments of Part IB of the Crimes Act 1914 made by this Schedule apply in relation to the pre‑commencement remission or reduction of the federal sentence; and

 (d) the pre‑commencement remission or reduction of the federal sentence is taken to be of no effect.

 

 

 

 

[Minister’s second reading speech made in—

Senate on 25 August 2021

House of Representatives on 1 December 2021]

 

(112/21)

 

Overview

The Crimes Amendment (Remissions of Sentences) Act 2021 was enacted by the Parliament of Australia to amend the Crimes Act 1914 with a specific focus on addressing the issue of remissions applied to federal sentences served in state or territory prisons. This legislation aims to ensure consistency in the application of remissions and reductions to sentences across different jurisdictions, while also providing clarity and fairness in the sentencing process. The Act came into effect on 9 December 2021, the day after receiving Royal Assent. The policy objective of the Crimes Amendment (Remissions of Sentences) Act 2021 is to rectify discrepancies and potential injustices arising from the application of state or territory remission laws to federal sentences. By amending the Crimes Act 1914, the Act seeks to provide a uniform approach to the calculation and application of remissions, thereby enhancing the integrity and predictability of the criminal justice system.

Scope and Application

The Crimes Amendment (Remissions of Sentences) Act 2021 applies to federal sentences and the remissions or reductions of those sentences that have occurred or are occurring in state or territory prisons. This Act amends the Crimes Act 1914 by modifying the remissions of sentences for federal offenders, particularly focusing on the calculation and application of remissions in the context of parole and licence periods. The Act is applicable to individuals who have served or are serving a federal sentence in a state or territory prison where state or territory laws provide for the remission or reduction of sentences. It also applies to sentences that were being served immediately before the Act commenced, depending on whether the state or territory laws were of a kind mentioned in subsection 19AA(2) of the Crimes Act 1914. The Act extends its application through its schedule, which specifies amendments to various sections of the Crimes Act 1914, thereby affecting the remissions of federal sentences in state or territory prisons.

Key Provisions

The Crimes Amendment (Remissions of Sentences) Act 2021 amends the Crimes Act 1914 to alter the way sentences are calculated and served for federal prisoners. The primary changes are found in Schedule 1, which includes several amendments to the Crimes Act 1914. The Act modifies the definition of "licence period" by removing the phrase "(after deducting any remission or reduction that is applicable)" from subsection 16(1) (subparagraph (b)(i)) (item 1). It also repeals section 19AA (item 2), which dealt with remissions or reductions of federal sentences, and removes references to any reductions under section 19AA from paragraphs 19AB(3)(b), 19AC(4)(b), and 19AR(4)(b) (items 3, 4, and 8). Additionally, the heading of section 19AF is changed from "remitted" to simply "fixed" (item 5), and the phrase "as reduced by any remissions or reductions under section 19AA" is omitted from subsection 19AF(1) (item 6). Another notable amendment is the insertion of a new subsection 19AW(3A) (item 10), which requires the prescribed authority to consider the time spent by the person on parole or licence before the parole order or licence was revoked before fixing a non-parole period. These changes impose new obligations on the prescribed authority, which is responsible for determining the non-parole period for federal sentences. Under the amended legislation, the prescribed authority must now consider the period of time spent by the person on parole or licence before the parole order or licence was revoked, as stated in subsection 19AW(3A). This change aims to provide a more comprehensive assessment of the offender's behaviour and rehabilitation during their parole or licence period. Furthermore, the application provisions clarify that the new amendments do not affect sentences that were already reduced before the commencement of this Act. Depending on the circumstances, either the new provisions or the previous law will apply to sentences that were being served or had been served before the commencement date. The Act also outlines specific offences, penalties, and consequences for breaches of the amended provisions. However, the Crimes Amendment (Remissions of Sentences) Act 2021 itself does not impose any new criminal offences or penalties. Instead, it amends the Crimes Act 1914, which contains the general criminal law framework and penalties for various offences. The penalties for breaches of the amended provisions will depend on the specific offence committed under the Crimes Act 1914, such as the severity of the crime and the offender's criminal history. The Act aims to improve the fairness and consistency of sentence calculations and ensure that offenders are held accountable for their actions, ultimately contributing to the overall effectiveness of the criminal justice system in Australia.

Legal classification tags

Area of Law
Criminal Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Offence Provisions

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.