Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p24
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 57321–59952

have regard to the total period of

imprisonment that the person is liable to serve.

"(3) Where:

   (a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

   (b) the person is later sentenced to a term or terms of imprisonment in respect of one or more State or Territory offences committed during the parole period or licence period; and

   (c) under section 19aq, because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the 'new sentence or sentences'):

(i) the parole order or licence is to be taken to have been revoked; and

       (ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the 'outstanding sentence or sentences') that the person had not served at the time of release;

then:

   (d) if one of the outstanding sentences is a life sentence or the unserved part of the outstanding sentence or sentences is or aggregates more than 3 years—the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the outstanding sentence or sentences; and

   (e) if the unserved part of the outstanding sentence or sentences is or aggregates 3 years or less—the court imposing the new sentence or sentences must not fix a non-parole period but may make a recognizance release order in respect of the outstanding sentence or sentences.

"(4) Where, but for this subsection, the court would be required by subsection (1), (2) or (3) to fix a non-parole period, the court is not required to do so if it is satisfied, having regard to the nature and circumstances of the offence or offences concerned and to the antecedents of the offender, that it is not appropriate to do so.

"(5) Where a court decides, under this section, that it is inappropriate either to fix a non-parole period, or to make a recognizance release order, the court:

(a)  must state its reasons for so deciding; and

(b) must cause these reasons to be entered in the records of the court.

"(6) Without limiting, by implication, the application of any other provision of Division 4, sections 19af, 19ag, 19aj and 19ak apply, according to their terms, in relation to the fixing of non-parole periods or the making of recognizance release orders under this section in the same way as they apply to the fixing of such periods or the making of such orders under Division 4.

"(7) Without limiting, by implication, the application of any other provision of Division 4, section 19ah applies, according to