Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p14
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 33416–35979

reduction of State or Territory sentences (other than such part of the law as relates to the remission or reduction of non-parole periods of imprisonment or of periods of imprisonment equivalent to pre-release periods of imprisonment in respect of recognizance release orders) applies in the same way to the remission or reduction of a federal sentence in a prison of that State or Territory, being a sentence imposed after the commencement of this section.

"(2) Where a law of a State or Territory provides that a person is to be taken to be serving a State or Territory sentence during the period from the time of release under a parole order or licence (however called) until the parole order or licence is, or is taken to be, revoked, the law:

   (a) is, for the purposes of subsection (1), to be taken to be providing for the remission or reduction of sentences; and

   (b) applies to any calculation of the part of a federal sentence remaining to be served at the time of a federal offender's release under a federal parole order or licence as if the sentence were a State or Territory sentence.

"(3) Where a federal offender who is released on parole or licence and whose parole order or licence has subsequently been revoked does not get the benefit of subsection (2) in calculating the part of any federal sentence of imprisonment remaining to be served at the time of release:

(a) a court fixing a new non-parole period in respect of such a person under section 19ar; or

(b) a prescribed authority fixing a non-parole period in respect of such a person under section 19aw;

must have regard to the period of time spent by the person on parole or licence before that parole order or licence is revoked or is to be taken to have been revoked.

"(4) A law of a State or Territory that provides for the remission or reduction, by reason of industrial action taken by prison warders, of the non-parole period of a State or Territory sentence applies in the same way to the remission or reduction:

    (a) of a federal non-parole period to be served in a prison in that State or Territory; and

    (b) of a federal pre-release period to be served in that State or Territory.

"Division 4—The fixing of non-parole periods and the making of recognizance release orders

When court must fix a non-parole period

"19ab. (1) Where:

   (a) a person is convicted of a federal offence or of 2 or more federal offences at the same sitting; and

   (b) the court imposes on the person a life sentence, or a sentence or sentences exceeding, or exceeding in the