Section 19AG — Crimes Act 1914: Non-parole periods for sentences for certain offences

(1) This section applies if a person is convicted of one of the following offences (each of which is a minimum non-parole offence) and a court imposes a sentence for the offence: (b) a terrorism offence; (c) an offence against Division 80 (other than Subdivision CA) of the Criminal Code; (d) an offence against subsection 91.1(1) or 91.2(1) of the Criminal Code. Note: A sentence for a minimum non-parole offence is a federal sentence, because such an offence is a federal offence. (2) The court must fix a single non-parole period of at least 3/4 of: (a) the sentence for the minimum non-parole offence; or (b) if 2 or more sentences have been imposed on the person for minimum non-parole offences—the aggregate of those sentences. The non-parole period is in respect of all federal sentences the person is to serve or complete. (3) For the purposes of subsection (2): (a) a sentence of imprisonment for life for a minimum non-parole offence is taken to be a sentence of imprisonment for 30 years for the offence; and (b) it does not matter: (i) whether or not the sentences mentioned in that subsection were imposed at the same sitting; or (ii) whether or not the convictions giving rise to those sentences were at the same sitting; or (iii) whether or not all the federal sentences mentioned in that subsection are for minimum non-parole offences. (4) If the person was subject to a recognizance release order, the non-parole period supersedes the order. Fixing non-parole periods for persons under 18 years of age (4A) In imposing a sentence for an offence covered by this section on a person who is under 18 years of age, the court must comply with subsection (2) unless the court is satisfied that exceptional circumstances exist to justify fixing a shorter single non-parole period. (4B) In determining whether exceptional circumstances exist to justify fixing a shorter single non-parole period in relation to the person, without limiting the matters the court may have regard to, the court must have regard to: (a) the protection of the community as the paramount consideration; and (b) the best interests of the person as a primary consideration. Relationship with sections 19AB, 19AC, 19AD, 19AE and 19AR (5) Sections 19AB, 19AC, 19AD, 19AE and 19AR have effect subject to this section. Note: The effects of this include preventing a court from: (b) confirming (under paragraph 19AD(2)(d)) a pre-existing non-parole period; or (c) confirming (under paragraph 19AE(2)(d)) a recognizance release order; or (ca) making a recognizance release order under paragraph 19AE(2)(e); or (d) declining (under subsection 19AB(3) or 19AC(1) or (2) or paragraph 19AD(2)(f)) to fix a non-parole period.