(1) Subject to subsection (2), before imposing a fine on a person for a federal offence, a court must take into account the financial circumstances of the person, in addition to any other matters that the court is required or permitted to take into account.
(2) Nothing in subsection (1) prevents a court from imposing a fine on a person because the financial circumstances of the offender cannot be ascertained by the court.
16D No corporal punishment
(1) A court must not impose any form of corporal punishment for a federal offence.
(2) A person serving a federal sentence must not be subjected to any form of corporal punishment.
Division 3—Sentences of imprisonment
16E Commencement of sentences
(1) Subject to subsections (2) and (3), the law of a State or Territory relating to the commencement of sentences and of non‑parole periods applies to a person who is sentenced in that State or Territory for a federal offence in the same way as it applies to a person who is sentenced in that State or Territory for a State or Territory offence.
(2) Where the law of a State or Territory has the effect that a sentence imposed on a person for an offence against the law of that State or Territory or a non‑parole period fixed in respect of that sentence:
(a) may be reduced by the period that the person has been in custody for the offence; or
(b) is to commence on the day on which the person was taken into custody for the offence;
the law applies in the same way to a federal sentence imposed on a person in that State or Territory or to a non‑parole period fixed in respect of that sentence.
(3) Where the law of a State or Territory does not have the effect mentioned in subsection (2), a court (including a federal court) in that State or Territory that imposes a federal sentence on a person or fixes a non‑parole period in respect of such a sentence must take into account any period that the person has spent in custody in relation to the offence concerned.
16F Court to explain sentence
(1) Where a court imposes a federal sentence on a person and fixes a non‑parole period in respect of the sentence, it must explain or cause to be explained to the person, in language likely to be readily understood by the person, the purpose and consequences of fixing that non‑parole period including, in particular, an explanation:
(a) that service of the sentence will entail a period of imprisonment of not less than the non‑parole period and, if a parole order is made, a period of service in the community, called the parole period, to complete service of the sentence; and
(b) that, if a parole order is made, the order will be subject to conditions; and
ZoeLaw is not a law firm. Picks are our opinion; we don't share your details.
(c) that the parole order may be amended or revoked; and
(d) of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions.
Note: A court that is sentencing a person who has been convicted of an offence referred to in paragraph 105A.3(1)(a) of the Criminal Code must warn the person about continuing detention orders and extended supervision orders (see section 105A.23 of the Code).
(2) Where a court imposes a federal sentence on a person and makes a recognizance release order in respect of that sentence, it must explain or cause to be explained to the person, in language likely to be readily understood by the person, the purpose and consequences of making the recognizance release order including, in particular, an explanation:
(a) that service of the sentence will entail a period of imprisonment equal to the pre‑release period (if any) specified in the order and a period of service in the community equal to the balance of the sentence; and
(b) of the conditions to which the order is subject; and
(c) of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions; and
(d) that any recognizance given in accordance with the order may be discharged or varied under section 20AA.
17A Restriction on imposing sentences
(1) A court shall not pass a sentence of imprisonment on any person for a federal offence, or for an offence against the law of an external Territory that is prescribed for the purposes of this section, unless the court, after having considered all other available sentences, is satisfied that no other sentence is appropriate in all the circumstances of the case.
(2) Where a court passes a sentence of imprisonment on a person for a federal offence, or for an offence against the law of an external Territory that is prescribed for the purposes of this section, the court:
(a) shall state the reasons for its decision that no other sentence is appropriate; and
(b) shall cause those reasons to be entered in the records of the court.
(3) The failure of a court to comply with the provisions of this section does not invalidate any sentence.
(4) This section applies subject to any contrary intention in the law creating the offence.
17B Restriction on imposing sentences for certain minor offences
(1) If:
(a) a person is convicted of one or more section 17B offences relating to property, money or both, whose total value is not more than $2,000; and
(b) the person has not previously been sentenced to imprisonment for any federal, State or Territory offence;
the court convicting the person is not to pass a sentence of imprisonment for that offence, or for any of those offences, unless the court is satisfied that there are exceptional circumstances that warrant it.
(2) In calculating the total value for the purposes of paragraph (1)(a), a section 17B offence which the court, with the consent of the person charged, has taken into account in passing sentence on the person for another federal offence (whether a section 17B offence or not) is taken to be an offence of which the person is convicted.
(3) In this section:
section 17B offence means an offence against section 29 of this Act, an offence against section 131.1, 132.1, 132.6, 132.7, 134.1, 134.2, 135.1, 135.2, 135.4, 145.4 or 145.5 of the Criminal Code or an offence against a provision of a federal law prescribed for the purposes of this section.
18 Sentence of imprisonment
(1) Where imprisonment is imposed in respect of any offence against any law of the Commonwealth it may (unless the contrary intention appears in the law) be imposed either with or without hard labour.
(2) Where under the law of a State or Territory a convicted person may in particular cases be imprisoned in a particular kind or class of prison, a person convicted of an offence against the law of the Commonwealth may, in corresponding cases, be imprisoned in the kind or class of prison appropriate to the circumstances.
19 Cumulative, partly cumulative or concurrent sentences
General requirements
(1) Where a person who is convicted of a federal offence or federal offences is at the time of that conviction or those convictions, serving, or subject to, one or more federal, State or Territory sentences, the court must, when imposing a federal sentence for that federal offence, or for each of those federal offences, by order direct when the federal sentence commences, but so that:
(a) no federal sentence commences later than the end of the sentences the commencement of which has already been fixed or the last to end of those sentences; and
(b) if a non‑parole period applies in respect of any State or Territory sentences—the first federal sentence to commence after the end of that non‑parole period commences immediately after the end of the period.
(2) Where:
(a) a person is convicted of 2 or more federal offences at the same sitting; and
(b) the person is sentenced to imprisonment for more than one of the offences;
the court must, by order, direct when each sentence commences, but so that no sentence commences later than the end of the sentences the commencement of which has already been fixed or of the last to end of those sentences.
(3) Where:
(a) a person is convicted of a federal offence or offences, and a State or Territory offence or offences, at the same sitting; and
(b) the person is sentenced to imprisonment for more than one of the offences;
the court must, by order, direct when each federal sentence commences but so that:
(c) no federal sentence commences later than the end of the sentences the commencement of which has already been fixed or the last to end of those sentences; and
(d) if a non‑parole period applies in respect of any State or Territory sentences—the first federal sentence to commence after the end of that non‑parole period commences immediately after the end of the period.
(4) For the purpose of fixing the commencement of a sentence under this section, a reference in this section to a sentence the commencement of which has already been fixed includes a reference to another sentence imposed at the same time as the first‑mentioned sentence.
Additional requirements for Commonwealth child sex offences
(5) An order must not have the effect that a term of imprisonment imposed on a person for a Commonwealth child sex offence be served partly cumulatively, or concurrently, with an uncompleted term of imprisonment that is, or has been, imposed on the person for:
(a) another Commonwealth child sex offence; or
(b) a State or Territory registrable child sex offence.
(6) Subsection (5) does not apply if the court is satisfied that imposing the sentence in a different manner would still result in sentences that are of a severity appropriate in all the circumstances.
(7) If the court imposes a term of imprisonment other than in accordance with subsection (5), the court must:
(a) state its reasons for imposing the sentence in that manner; and
(b) cause the reasons to be entered in the records of the court.
19A Detention of person in State or Territory prisons
A federal offender who is ordered by a court or a prescribed authority to be detained in prison in a State or Territory, may be detained in any prison in that State or Territory and may be removed from one prison to another prison in that State or Territory as if the person were detained as a State offender or Territory offender.
Division 4—The fixing of non‑parole periods and the making of recognizance release orders
19AB When court must fix non‑parole period
(1) Subject to subsection (3), a court must fix a single non‑parole period in respect of a federal sentence or federal sentences if:
(a) a person is convicted of a federal offence, or of 2 or more federal offences at the same sitting; and
(b) the court imposes the sentence or sentences on the person; and
(c) either or both of the following subparagraphs apply:
(i) any of the sentences is a federal life sentence;
(ii) the sentences, in the aggregate, exceed 3 years; and
(d) when the court imposes the sentence or sentences, the person is not already serving or subject to a federal sentence.
(2) Subject to subsection (3), a court must fix a single non‑parole period in respect of all federal sentences a person is to serve or complete if:
(a) while the person is in prison and is serving or subject to a federal sentence, the court imposes a further federal sentence on the person; and
(b) the result is that the person is to serve or to complete:
(i) a federal life sentence; or
(ii) federal sentences the unserved portions of which, in the aggregate, exceed 3 years; and
(c) when the court imposes the further federal sentence, the person is not already subject to a non‑parole period or recognizance release order in respect of a federal sentence.
Non‑parole period not appropriate
(3) A court may decline to fix a non‑parole period under this section if:
(a) the court is satisfied that a non‑parole period is not appropriate, having regard to:
(i) the nature and circumstances of the offence or offences; and
(ii) the antecedents of the person; or
(b) the person is expected to be serving a State or Territory sentence on the day after the end of the federal sentence, or the last to be served of the federal sentences.
(4) If the court declines to fix a non‑parole period, the court must:
(a) state its reasons for so declining; and
(b) cause the reasons to be entered in the records of the court.
19AC When court must fix a recognizance release order
(1) Subject to subsections (3) and (4), where:
(a) a person is convicted of a federal offence, or of 2 or more federal offences at the same sitting; and
(b) the court imposes on the person a federal sentence that does not exceed, or federal sentences that, in the aggregate, do not exceed, 3 years; and
(c) at the time the sentence or sentences are imposed the person is not already serving or subject to a federal sentence;
the court must make a single recognizance release order in respect of that sentence or those sentences and must not fix a non‑parole period.
(2) Subject to subsections (3) and (4), where:
(a) while a person is in prison and is serving or subject to a federal sentence, a further federal sentence is imposed on the person; and
(b) the result is that the person is to serve or to complete federal sentences the unserved portions of which do not exceed, in the aggregate, 3 years; and
(c) at the time the further federal sentence is imposed, the person is not already subject to a recognizance release order in respect of a federal sentence;
the court imposing the further sentence must make a single recognizance release order in respect of all federal sentences to be served or completed by the person and must not fix a non‑parole period.
(3) Where:
(a) the federal sentence or federal sentences referred to in paragraph (1)(b); or
(b) the unserved portions of the federal sentences referred to in paragraph (2)(b);
in the aggregate, do not exceed 6 months, the court is not required to make a recognizance release order.
(4) A court may decline to make a recognizance release order in respect of a person if:
(a) the court is satisfied that such an order is not appropriate, having regard to:
(i) the nature and circumstances of the offence or offences concerned; and
(ii) the antecedents of the person; or
(b) the person is expected to be serving a State or Territory sentence on the day after the end of the federal sentence, or the last to be served of the federal sentences.
(5) If the court declines to make a recognizance release order, the court must:
(a) state its reasons for so declining; and
(b) cause the reasons to be entered in the records of the court.
19AD Persons already subject to a non‑parole period
(1) Where:
(a) a non‑parole period (in this section called the existing non‑parole period) has been fixed in respect of a federal sentence or federal sentences; and
(b) while the offender is serving the existing non‑parole period, a court imposes a further federal sentence on the person;
this section applies.
(2) Where this section applies, the court must, after considering the relevant circumstances, including:
(a) the existing non‑parole period; and
(b) the nature and circumstances of the offence or offences concerned; and
(c) the antecedents of the person;
do one of the following things:
(d) make an order confirming the existing non‑parole period;
(e) fix a new single non‑parole period in respect of all federal sentences the person is to serve or complete;
(f) where the court decides that, in the circumstances, a non‑parole period is not appropriate—cancel the existing non‑parole period and decline to fix a new non‑parole period.
(3) Where, under paragraph (2)(e), the court fixes a new single non‑parole period, it:
(a) is to be treated as having superseded the existing non‑parole period; and
(b) must not be such as to allow the person to be released on parole earlier then would have been the case if the further sentence had not been imposed.
(4) Where this section applies, the court must not make a recognizance release order.
(5) Where, under paragraph (2)(f), the court declines to fix a new non‑parole period, the court must:
(a) state its reasons for deciding that a non‑parole period is not appropriate; and
(b) cause the reasons to be entered in the records of the court.
19AE Persons already subject to recognizance release order
(1) Where:
(a) a person is subject to a recognizance release order (in this section called the existing recognizance release order) made in respect of a federal sentence or federal sentences; and
(b) before the person is released under that order, the court imposes a further federal sentence on the person;
this section applies.
(2) Where this section applies, the court must, after considering the relevant circumstances, including:
(a) the existing recognizance release order; and
(b) the nature and circumstances of the offence or offences concerned; and
(c) the antecedents of the person;
do one of the following things:
(d) make an order confirming the existing recognizance release order;
(e) make a new recognizance release order in respect of all federal sentences the person is to serve or complete;
(f) where, as a result of the further federal sentence being imposed, the person is to serve or to complete a federal life sentence or federal sentences the unserved portions of which, in the aggregate, exceed 3 years and the court decides that it is appropriate to fix a non‑parole period—fix a single non‑parole period in respect of all federal sentences the person is to serve or complete;
(g) where the court decides that, in the circumstances, neither a recognizance release order nor a non‑parole period is appropriate—cancel the existing recognizance release order and decline to make a new recognizance release order.
(3) Where, under paragraph (2)(e), the court makes a new recognizance release order, that order:
(a) is to be treated as having superseded the existing recognizance release order; and