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Sentencing Act 1995
53Fixing of non-parole period by sentencing court
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53 Fixing of non-parole period by sentencing court
(1) Subject to this section and sections 53AA, 53A, 55, 55A and 148, if
a court sentences an offender to be imprisoned:
(a) for life; or
(b) for 12 months or longer, that is not suspended in whole or
part;
it must, as part of the sentence, fix a period during which the
offender is not eligible to be released on parole unless it considers
that the nature of the offence, the past history of the offender or the
circumstances of the particular case make the fixing of such a
period inappropriate.
(1A) Subject to section 57, if a court sentences an offender to be
imprisoned for less than 12 months or for a term that is suspended
in whole or part, the court may not, as part of the sentence, fix a
non-parole period.
Sentencing Act 1995 39
(2) Where a court sentences an offender to be imprisoned in respect of
more than one offence, a period fixed under subsection (1) is in
respect of the aggregate period of imprisonment that the offender is
liable to serve under all the sentences then imposed.
53AA Non-parole periods generally
(1) This section applies in relation to the sentencing of an offender if:
(a) the offender has committed an offence that is not an offence
to which section 53A, 55, 55A or 148 applies; and
(b) a court sentences the offender to be imprisoned for 12 months
or longer that is not suspended in whole or in part.
(2) The court may fix a non-parole period under section 53(1) of 50% of
the period of imprisonment that the offender is to serve under the
(3) If the court fixes a non-parole period of less or more than the period
specified in subsection (2), the court must give reasons for doing
so.