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Penalties and Sentences Act 1992
sec.160AApplication of ss 160B – 160D
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### sec.160A Application of ss 160B – 160D
Sections 160B to 160D apply if a court is imposing a term of imprisonment on an offender for an offence.
Sections 160B to 160D are the only law under which a court may, on sentence of an offender for an offence, make an order relating to a person’s release on parole.
Sections 160E to 160H further provide for the orders that may be made under sections 160B to 160D .
A court can not, on sentence of an offender for an offence, make a recommendation for a person’s release on parole.
This section applies subject to any express provision to the contrary, in an Act, about a particular sentence.
Criminal Code , sections 305 (2) and (4) and 314A (5) and (6)
a provision providing that a minimum term of imprisonment be served
Also—
a court can not fix a date under sections 160B to 160D that reduces the minimum period of imprisonment an offender must serve under the Corrective Services Act 2006 , section 181 (2) , (2A) or (2B) , 181A , 182 (2) or (2A) , 182A (3) or (3A) , 183 (2) or (2B) or 185B (each a relevant provision ); and
no date fixed by the court under sections 160B to 160D can reduce the minimum period of imprisonment an offender must serve under a relevant provision.
Sections 160B to 160D do not apply if a court sentences an offender to a term of imprisonment and makes any of the following orders under this Act for the offender—
an intensive correction order;
a probation order mentioned in section 92 (1) (b) ;
an order that the whole or a part of the term of imprisonment be suspended.
s 160A ins 2006 No. 29 s 497 (amd 2006 No. 41 s 35B (3) )
amd 2012 No. 14 s 6 ; 2012 No. 19 s 15 ; 2012 No. 40 s 7 ; 2013 No. 31 s 57 l; 2013 No. 35 s 142C ; 2013 No. 45 s 51 ; 2014 No. 42 s 98 ; 2016 No. 62 s 276
(sec.160A-ssec.1) Sections 160B to 160D apply if a court is imposing a term of imprisonment on an offender for an offence.
(sec.160A-ssec.2) Sections 160B to 160D are the only law under which a court may, on sentence of an offender for an offence, make an order relating to a person’s release on parole. Sections 160E to 160H further provide for the orders that may be made under sections 160B to 160D .
(sec.160A-ssec.3) A court can not, on sentence of an offender for an offence, make a recommendation for a person’s release on parole.
(sec.160A-ssec.4) This section applies subject to any express provision to the contrary, in an Act, about a particular sentence. Criminal Code , sections 305 (2) and (4) and 314A (5) and (6) a provision providing that a minimum term of imprisonment be served
(sec.160A-ssec.5) Also— a court can not fix a date under sections 160B to 160D that reduces the minimum period of imprisonment an offender must serve under the Corrective Services Act 2006 , section 181 (2) , (2A) or (2B) , 181A , 182 (2) or (2A) , 182A (3) or (3A) , 183 (2) or (2B) or 185B (each a relevant provision ); and no date fixed by the court under sections 160B to 160D can reduce the minimum period of imprisonment an offender must serve under a relevant provision.
(sec.160A-ssec.6) Sections 160B to 160D do not apply if a court sentences an offender to a term of imprisonment and makes any of the following orders under this Act for the offender— an intensive correction order; a probation order mentioned in section 92 (1) (b) ; an order that the whole or a part of the term of imprisonment be suspended.
- • Criminal Code , sections 305 (2) and (4) and 314A (5) and (6)
- • a provision providing that a minimum term of imprisonment be served
- (a) a court can not fix a date under sections 160B to 160D that reduces the minimum period of imprisonment an offender must serve under the Corrective Services Act 2006 , section 181 (2) , (2A) or (2B) , 181A , 182 (2) or (2A) , 182A (3) or (3A) , 183 (2) or (2B) or 185B (each a relevant provision ); and
- (b) no date fixed by the court under sections 160B to 160D can reduce the minimum period of imprisonment an offender must serve under a relevant provision.
- (a) an intensive correction order;
- (b) a probation order mentioned in section 92 (1) (b) ;
- (c) an order that the whole or a part of the term of imprisonment be suspended.