Document ID: chunk:federal_register_of_legislation:C2004A00886:clause:2_233c
Version: federal_register_of_legislation:C2004A00886
Segment Type: clause
Provision Reference: sch 2 cl 233C
Character Range: 12294–13341

233C  Mandatory penalties for certain offences

 (1) This section applies if a person is convicted of an offence under section 232A or 233A, unless it is established on the balance of probabilities that the person was aged under 18 years when the offence was committed.

 (2) The court must impose a sentence of imprisonment of at least:
 (a) 8 years, if the conviction is for a repeat offence; or
 (b) 5 years, in any other case.

 (3) The court must also set a non‑parole period of at least:
 (a) 5 years, if the conviction is for a repeat offence; or
 (b) 3 years, in any other case.

 (4) In this section:
 (a) non‑parole period has the same meaning as it has in Part 1B of the Crimes Act 1914; and
 (b) a person's conviction for an offence is for a repeat offence if, on a previous occasion after the commencement of this section, a court:
 (i) has convicted the person of another offence, being an offence against section 232A or 233A; or
 (ii) has found, without recording a conviction, that the person had committed another such offence.