Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p5
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 11349–14251

Crimes Act 1914l.

Interpretation

4. Section 3 of the Principal Act is amended by adding at the end the following subsection:

"(2) In this Act, a reference to a fine includes a reference:

(a) to a pecuniary penalty other than a pecuniary penalty imposed:

(i) under Division 3 of Part XIII of the Customs Act 1901; or

(ii) by a pecuniary penalty order made under the Proceeds of Crime Act 1987; or

(iii) by a superannuation order made under the Australian Federal Police Act 1979; or

(iv) by a superannuation order made under the Crimes (Superannuation Benefits) Act 1989; or

(b) to costs or other amounts ordered to be paid by offenders.".

Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island

5. Section 3b of the Principal Act is amended:

    (a) by inserting in subsection (1) "the Australian Capital Territory Executive," after "Governor of a State,";

    (b) by omitting paragraph (2) (b) and substituting the following paragraph:

"(b) a reference to a participating Territory:

          (i) is a reference to a Territory other than the Australian Capital Territory, the Northern Territory or Norfolk Island; and

          (ii) if an arrangement is in force under subsection (1) of this section in relation to the Australian Capital Territory—includes a reference to the Australian Capital Territory; and

          (iii) if an arrangement is in force under subsection (1) of this section in relation to the Northern Territory— includes a reference to the Northern Territory; and

          (iv) if an arrangement is in force under subsection (1) of this section in relation to Norfolk Island—includes a reference to Norfolk Island.";

    (c) by adding after subsection (2) the following subsection:

"(3) In this section:

'State' does not include the Australian Capital Territory or the Northern Territory.".

6. Section 17 of the Principal Act is repealed and the following Part heading, Divisions, Division heading and sections are substituted:

"PART Ib—SENTENCING, IMPRISONMENT AND RELEASE OF FEDERAL OFFENDERS

"Division 1—Interpretation

Interpretation

"16. (1) In this Part, unless the contrary intention appears:

'federal court' means the High Court or a court created by the Parliament, other than a court of a Territory;

'federal offence' means an offence against the law of the Commonwealth;

'federal offender' means a person convicted of a federal offence;

'federal sentence' means a sentence imposed for a federal offence;

'fit to be tried' includes fit to plead;

    'law', in relation to the Commonwealth, a State or a Territory, includes the common law, and any Imperial Act or order, that comprises a part of that law;

'licence' means a licence granted under section 19ap;

'licence period', in relation to a person who is released on licence, means:

       (a) where the person has not been given a federal life