Item Column 1Offence Column 2Sentence of imprisonment
1AA offence against subsection 80.2BE(1) or (2) of the Criminal Code 12 months
1A offence against subsection 80.2H(1) of the Criminal Code 12 months
1B offence against subsection 80.2HA(1) of the Criminal Code 12 months
1C offence against a provision of Division 101 or 102 of the Criminal Code (other than an offence against subsection 102.8(1) or (2) of the Criminal Code) 6 years
1D offence against subsection 102.8(1) or (2) of the Criminal Code 12 months
1E offence against a provision of Division 103 of the Criminal Code 3 years
1F offence against a provision of Division 111 or 112 of the Criminal Code (other than an offence against subsection 112.7(1) or (2) of the Criminal Code) 6 years
1G offence against subsection 112.7(1) or (2) of the Criminal Code 12 months
1H offence against a provision of Division 113 of the Criminal Code 3 years
1 offence against subsection 272.8(1) of the Criminal Code 6 years
2 offence against subsection 272.8(2) of the Criminal Code 6 years
3 offence against subsection 272.9(1) of the Criminal Code 5 years
4 offence against subsection 272.9(2) of the Criminal Code 5 years
5 offence against section 272.10 of the Criminal Code 7 years
6 offence against section 272.11 of the Criminal Code 7 years
7 offence against section 272.18 of the Criminal Code 6 years
8 offence against section 272.19 of the Criminal Code 6 years
9 offence against section 273.7 of the Criminal Code 7 years
10 offence against section 471.22 of the Criminal Code 7 years
11 offence against section 474.23A of the Criminal Code 5 years
12 offence against section 474.24A of the Criminal Code 7 years
13 offence against subsection 474.25A(1) of the Criminal Code 5 years
14 offence against subsection 474.25A(2) of the Criminal Code 5 years
15 offence against section 474.25B of the Criminal Code 7 years
16AAB Second or subsequent offence
(1) This section applies in respect of a person if:
(a) the person is convicted of a Commonwealth child sexual abuse offence (a current offence); and
(b) the person has, at an earlier sitting, been convicted previously of a child sexual abuse offence.
(2) Subject to section 16AAC, if the person is convicted of a current offence described in column 1 of an item in the following table, the court must impose for the current offence a sentence of imprisonment of at least the period specified in column 2 of that item.
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Minimum penalty
Item Column 1Current offence Column 2Sentence of imprisonment
1 offence against subsection 272.12(1) of the Criminal Code 3 years
2 offence against subsection 272.12(2) of the Criminal Code 3 years
3 offence against subsection 272.13(1) of the Criminal Code 2 years
4 offence against subsection 272.13(2) of the Criminal Code 2 years
5 offence against subsection 272.14(1) of the Criminal Code 4 years
6 offence against subsection 272.15(1) of the Criminal Code 4 years
7 offence against subsection 272.15A(1) of the Criminal Code 4 years
8 offence against subsection 272.20(1) of the Criminal Code 3 years
9 offence against subsection 272.20(2) of the Criminal Code 1 year
10 offence against subsection 273.6(1) of the Criminal Code 4 years
10A offence against section 273A.1 of the Criminal Code 4 years
11 offence against subsection 471.19(1) of the Criminal Code 4 years
12 offence against subsection 471.19(2) of the Criminal Code 4 years
13 offence against subsection 471.20(1) of the Criminal Code 4 years
14 offence against subsection 471.24(1) of the Criminal Code 4 years
15 offence against subsection 471.24(2) of the Criminal Code 4 years
16 offence against subsection 471.24(3) of the Criminal Code 4 years
17 offence against subsection 471.25(1) of the Criminal Code 4 years
18 offence against subsection 471.25(2) of the Criminal Code 4 years
19 offence against subsection 471.25(3) of the Criminal Code 4 years
20 offence against subsection 471.25A(1) of the Criminal Code 4 years
21 offence against subsection 471.25A(2) of the Criminal Code 4 years
22 offence against subsection 471.25A(3) of the Criminal Code 4 years
23 offence against subsection 471.26(1) of the Criminal Code 3 years
24 offence against subsection 474.22(1) of the Criminal Code 4 years
24A offence against subsection 474.22A(1) of the Criminal Code 4 years
25 offence against subsection 474.23(1) of the Criminal Code 4 years
26 offence against subsection 474.26(1) of the Criminal Code 4 years
27 offence against subsection 474.26(2) of the Criminal Code 4 years
28 offence against subsection 474.26(3) of the Criminal Code 4 years
29 offence against subsection 474.27(1) of the Criminal Code 4 years
30 offence against subsection 474.27(2) of the Criminal Code 4 years
31 offence against subsection 474.27(3) of the Criminal Code 4 years
32 offence against subsection 474.27AA(1) of the Criminal Code 4 years
33 offence against subsection 474.27AA(2) of the Criminal Code 4 years
34 offence against subsection 474.27AA(3) of the Criminal Code 4 years
35 offence against subsection 474.27A(1) of the Criminal Code 3 years
16AAC Exclusions and reductions—minimum penalties
People aged under 18
(1) Section 16AAA and subsection 16AAB(2) do not apply to a person who was aged under 18 years when the offence that the relevant provision specifies a minimum penalty for was committed.
Reduction of minimum penalty
(2) A court may impose a sentence of imprisonment of less than the period specified in column 2 of an item of a table in section 16AAA or subsection 16AAB(2) only if the court considers it appropriate to reduce the sentence because of either or both of the following:
(a) the court is taking into account, under paragraph 16A(2)(g), the person pleading guilty;
(b) the court is taking into account, under paragraph 16A(2)(h), the person having cooperated with law enforcement agencies in the investigation of:
(i) in relation to any of items 1AA to 1H of the table in section 16AAA—the offence or an offence against subsection 80.2H(1) or 80.2HA(1) or Part 5.3 or 5.5 of the Criminal Code; or
(ii) in relation to any of items 1 to 15 of the table in section 16AAA or any of the items in the table in subsection 16AAB(2)—the offence or a Commonwealth child sex offence.
(3) If a court may reduce a sentence, the court may reduce the sentence as follows:
(a) if the court is taking into account, under paragraph 16A(2)(g), the person pleading guilty—by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;
(b) if the court is taking into account, under paragraph 16A(2)(h), the person having cooperated with law enforcement agencies in the investigation of:
(i) in relation to any of items 1AA to 1H of the table in section 16AAA—the offence or an offence against subsection 80.2H(1) or 80.2HA(1) or Part 5.3 or 5.5 of the Criminal Code; or
(ii) in relation to any of items 1 to 15 of the table in section 16AAA or any of the items in the table in subsection 16AAB(2)—the offence or a Commonwealth child sex offence;
by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;
(c) if the court is taking into account both of the matters in paragraphs (a) and (b)—by an amount that is up to 50% of the period specified in column 2 of the applicable item in the relevant table.
16AB Matters relating to victim impact statements
(1) This section applies in relation to victim impact statements made known to a court as described in paragraph 16A(2)(ea).
(2) Only one victim impact statement may be made for each victim of an offence, unless the court gives leave.
(3) No implication is to be drawn from the absence of a victim impact statement for a victim.
(4) All or part of a victim impact statement for a victim may be read to the court by or on behalf of the victim.
(5) A victim impact statement is not to be read to the court, or otherwise taken into account, to the extent that:
(a) it expresses an opinion about an appropriate sentence; or
(b) it is offensive, threatening, intimidating or harassing; or
(c) admitting it into evidence would otherwise not be in the interests of justice.
(6) The person convicted of the offence may only test the facts in a victim impact statement:
(a) by way of cross‑examining the maker of the statement; and
(b) if the court gives leave to do so.
(7) For the purposes of Part IAD (about protecting vulnerable persons):
(a) giving evidence includes giving a reading under subsection (4); and
(b) a cross‑examination includes a cross‑examination under subsection (6).
Note: This confirms that any protections available under Part IAD will be available for the reading or the cross‑examination.
16AC Reduction for cooperation with law enforcement agencies
(1) This section applies if a court imposing a sentence, or making an order, for a federal offence:
(a) reduces the severity of the sentence or order; or
(b) reduces the non‑parole period in relation to the sentence (if applicable);
because the offender has undertaken to cooperate with law enforcement agencies in proceedings (including confiscation proceedings) relating to any offence.
(2) The court must:
(a) state that the sentence, order or non‑parole period is being reduced for that reason; and
(b) specify the sentence that would have been imposed, the order that would have been made or the non‑parole period that would have been fixed but for that reduction.
Example: The court imposes a fine of $1,000 and specifies that, but for the offender undertaking to cooperate with law enforcement agencies, the court would have imposed a fine of $10,000.
Promised cooperation refused
(3) The Director of Public Prosecutions may appeal against the inadequacy of the reduced sentence, reduced order or reduced non‑parole period if:
(a) after the imposing of the sentence or the making of the order, the offender, without reasonable excuse, does not cooperate in accordance with the undertaking; and
(b) the Director of Public Prosecutions is of the opinion that appealing is in the interests of the administration of justice.
(4) The court hearing the appeal:
(a) if it is satisfied that the person has failed entirely to cooperate in accordance with the undertaking—must substitute for the reduced sentence, reduced order or reduced non‑parole period the sentence, order or non‑parole period that would have been imposed, made or fixed but for that reduction; and
(b) if it is satisfied that the person has failed in part to cooperate in accordance with the undertaking—may substitute:
(i) for the reduced sentence or reduced order such a sentence or order, not exceeding in severity the sentence or order that could be imposed or made under paragraph (a), as the court thinks appropriate; or
(ii) for the reduced non‑parole period such a non‑parole period, not exceeding the parole period that could be fixed under paragraph (a), as the court thinks appropriate.
Meaning of confiscation proceedings
(5) In this Act:
confiscation proceedings includes:
(a) proceedings for freezing orders, forfeiture orders, pecuniary penalty orders, literary proceeds orders and restraining orders under the Proceeds of Crime Act 2002; and
(b) proceedings for forfeiture orders, pecuniary penalty orders and restraining orders under the Proceeds of Crime Act 1987; and
(c) proceedings for restraining orders and pecuniary penalty orders under Part XIII of the Customs Act 1901.
16B Court to have regard to other periods of imprisonment required to be served
In sentencing a person convicted of a federal offence, a court must have regard to:
(a) any sentence already imposed on the person by the court or another court for any other federal offence or for any State or Territory offence, being a sentence that the person has not served; and
(b) any sentence that the person is liable to serve because of the revocation of a parole order made, or licence granted, under this Part or under a law of a State or Territory.
16BA Taking other offences into account
(1) Where a person is convicted of a federal offence or federal offences, and the court before which the person is convicted is satisfied that:
(a) there has been filed in the court a document in, or to the effect of, the form prescribed for the purposes of this section;
(b) the document contains a list of other federal offences, or offences against the law of an external Territory that is prescribed for the purposes of this section, which the person convicted is believed to have committed;
(c) the document has been signed:
(i) by the Director of Public Prosecutions;
(ii) for and on behalf of the Director of Public Prosecutions, by a person authorized by the Director of Public Prosecutions, by instrument in writing, to sign documents under this subsection; or
(iii) by a person appointed under section 69 of the Judiciary Act 1903 to prosecute indictable federal offences;
and by the person convicted;
(d) a copy of the document has been given to the person; and
(e) in all the circumstances it is proper to do so;
the court may, with the consent of the prosecutor and before passing sentence on the person, ask him or her whether he or she admits his or her guilt in respect of all or any of the offences specified in the list and wishes them to be taken into account by the court in passing sentence on him or her for the offence or offences of which he or she has been convicted.
(2) Subject to subsection (3), if the person admits his or her guilt in respect of all or any of the offences specified in the list and wishes to have them taken into account by the court in passing sentence on him or her for the offence or offences of which he or she has been convicted, the court may, if it thinks fit, in passing sentence on him or her for the offence or offences of which he or she has been convicted, take into account all or any of the offences in respect of which the person has admitted his or her guilt.
(3) The court shall not take into account under this section any indictable offence that it would not have jurisdiction to try even if the defendant consented to the court hearing and determining proceedings for the offence or the prosecutor requested the court to hear and determine those proceedings.
(3A) Subsection (3) does not prevent a court from taking into account an indictable offence where the court has jurisdiction to sentence a person charged with that offence.
(4) Where the court takes into account under this section all or any of the offences in respect of which the person has admitted his or her guilt, the sentence passed on him or her for any of the offences of which he or she has been convicted shall not exceed the maximum penalty that the court would have been empowered to impose on him or her for the offence if no offence had been so taken into account.
(5) Where an offence is taken into account under this section, the court may make such orders with respect to reparation, restitution, compensation, costs and forfeiture as it would have been empowered to make if the person had been convicted before the court of the offence, but shall not otherwise impose any separate punishment for the offence.
(6) Where the court makes an order under subsection (5) in respect of an offence taken into account under this section, there shall be such rights of appeal in respect of the order as there would have been if the order had been an order made upon the conviction of the person for that offence.
(7) An order made under subsection (5) in respect of an offence taken into account under this section lapses, by force of this subsection, if the conviction or each conviction, as the case may be, in respect of which the offence was taken into account is quashed or set aside.
(8) Where an offence is taken into account under this section, the court shall certify, upon the document filed in the court, the offence taken into account and the conviction or convictions in respect of which the offence was taken into account and thereafter no proceedings shall be taken or continued in respect of the offence unless the conviction or each conviction, as the case may be, in respect of which the offence has been taken into account has been quashed or set aside.
(9) An admission of guilt made under and for the purposes of this section is not admissible in evidence in any proceedings taken or continued in respect of the offence in respect of which the admission was made or in respect of any other offence specified in the list contained in the document filed in the court.
(10) An offence taken into account under this section shall not, by reason of its so being taken into account, be regarded for any purpose as an offence of which a person has been convicted.
(11) In or in relation to any criminal proceeding, reference may lawfully be made to, or evidence may lawfully be given of, the fact that an offence was taken into account under this section in passing sentence for an offence for which a person was convicted if, in or in relation to that proceeding:
(a) reference may lawfully be made to, or evidence may lawfully be given of, the fact that the person was convicted of the last‑mentioned offence; and
(b) had the person been convicted of the offence so taken into account, reference could lawfully have been made to, or evidence could lawfully have been given of, the fact that the person had been convicted of that offence.
(12) The fact that an offence was taken into account under this section may be proved in the same manner as the conviction or any of the convictions, as the case may be, in relation to which it was taken into account may be proved.