Document ID: chunk:federal_register_of_legislation:C2020A00070:clause:6_16aac
Version: federal_register_of_legislation:C2020A00070
Segment Type: clause
Provision Reference: sch 6 cl 16AAC
Character Range: 38089–39754

16AAC  Exclusions and reductions—minimum penalties

People aged under 18
 (1) Section 16AAA and subsection 16AAB(2) do not apply to a person who was aged under 18 years when the offence that the relevant provision specifies a minimum penalty for was committed.

Reduction of minimum penalty
 (2) A court may impose a sentence of imprisonment of less than the period specified in column 2 of an item of a table in section 16AAA or subsection 16AAB(2) only if the court considers it appropriate to reduce the sentence because of either or both of the following:
 (a) the court is taking into account, under paragraph 16A(2)(g), the person pleading guilty;
 (b) the court is taking into account, under paragraph 16A(2)(h), the person having cooperated with law enforcement agencies in the investigation of the offence or of a Commonwealth child sex offence.
 (3) If a court may reduce a sentence, the court may reduce the sentence as follows:
 (a) if the court is taking into account, under paragraph 16A(2)(g), the person pleading guilty—by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;
 (b) if the court is taking into account, under paragraph 16A(2)(h), the person having cooperated with law enforcement agencies in the investigation of the offence or of a Commonwealth child sex offence—by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;
 (c) if the court is taking into account both of the matters in paragraphs (a) and (b)—by an amount that is up to 50% of the period specified in column 2 of the applicable item in the relevant table.