Document ID: chunk:federal_register_of_legislation:C2025C00132:section:16a:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 16A (pt 2/3)
Character Range: 812204–815016

the need to ensure that the person is adequately punished for the offence;
 (m) the character, antecedents, age, means and physical or mental condition of the person;
 (ma) if the person's standing in the community was used by the person to aid in the commission of the offence—that fact as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates;
 (n) the prospect of rehabilitation of the person;
 (p) the probable effect that any sentence or order under consideration would have on any of the person's family or dependants.
 (2AAA) In determining the sentence to be passed, or the order to be made, in respect of any person for a Commonwealth child sex offence, in addition to any other matters, the court must have regard to the objective of rehabilitating the person, including by considering whether it is appropriate, taking into account such of the following matters as are relevant and known to the court:
 (a) when making an order—to impose any conditions about rehabilitation or treatment options;
 (b) in determining the length of any sentence or non‑parole period—to include sufficient time for the person to undertake a rehabilitation program.
 (2A) However, the court must not take into account under subsection (1) or (2), other than paragraph (2)(ma), any form of customary law or cultural practice as a reason for:
 (a) excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or
 (b) aggravating the seriousness of the criminal behaviour to which the offence relates.
 (2AA) Subsection (2A) does not apply in relation to an offence against the following:
 (a) section 22 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984;
 (b) sections 15A, 15C, 17B, 22A, 27A, 74AA, 142A, 142B, 207B, 354A, 355A and 470 of the Environment Protection and Biodiversity Conservation Act 1999;
 (c) section 48 of the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986;
 (d) sections 69 and 70 of the Aboriginal Land Rights (Northern Territory) Act 1976;
 (e) section 30 of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987;
 (f) any other law prescribed by the regulations that relates to:
 (i) entering, remaining on or damaging cultural heritage; or
 (ii) damaging or removing a cultural heritage object.
 (2B) In subsection (2A):
criminal behaviour includes:
 (a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and
 (b) any fault element relating to such a physical element.
 (3) Without limiting the generality of subsections (1), (2) and (2AAA), in determining whether a sentence or order under subsection 19B(1), 20(1) or 20AB(1) is the appropriate sentence or order