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Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017
8Section 23A inserted
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### 8 Section 23A inserted
> Before [section 24 of the Principal Act](/view/html/inforce/2026-04-12/act-1997-059#GS24@EN) , the following section is inserted in Division 4:
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> > **23A.** **Limitations on ability to suspend sentences**
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> > > A court must not, except in exceptional circumstances, make an order suspending the whole or part of a sentence of imprisonment if the sentence of imprisonment is imposed in relation to –
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> > > > > (a) an offence, or an attempt to commit an offence, against a provision, specified in Column 2 of Part 1 of Schedule 3, of an Act, or of the Criminal Code, as specified in Column 3 of Part 1 of Schedule 3; or
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> > > > > (b) an offence, or an attempt to commit an offence, that is an offence –
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> > > > > > > (i) against a provision, of the [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) , specified in Column 2 of Part 2 of Schedule 3; and
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> > > > > > > (ii) that relates to a trafficable quantity, within the meaning of, and as determined under, that Act, of a controlled substance, within the meaning of that Act.