Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p54
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 130204–132979

effect as if they were references to an education program or treatment of the kind referred to in subsection (1) of this section.

"Division 10—Miscellaneous".

Taking other offences into account

16. Section 21aa of the Principal Act is amended:

    (a) by omitting from subsection (1) "an offence or offences against the law of the Commonwealth" and substituting "a federal offence or federal offences";

    (b) by omitting paragraph (1) (b) and substituting the following paragraph:

       "(b) the document contains a list of other federal offences, or offences against the law of an external Territory that is prescribed for the purposes of this section, which the person convicted is believed to have committed;";

    (c) by omitting from subparagraph (1) (c) (iii) "offences against the laws of the Commonwealth" and substituting "federal offences".

Reparation for offences

17. Section 21b of the Principal Act is amended:

    (a) by omitting from subsection (1) "an offence against the law of the Commonwealth" (wherever occurring) and substituting "a federal offence";

    (b) by adding at the end the following subsections:

   "(2) A person is not to be imprisoned for a failure to pay an amount required to be paid under an order made under subsection (1).

"(3) Where:

       (a) the court orders a federal offender to make reparation to the Commonwealth, to a public authority of the Commonwealth or to any other person by way of payment of an amount of money; and

       (b) the clerk, or other appropriate officer, of the court signs a certificate specifying:

         (i) the amount of money to be paid by way of reparation; and

         (ii) the identity of the person to whom the amount of money is to be paid; and

         (iii) the identity of the person by whom the amount is to be paid; and

       (c) the certificate is filed in a court (which may be the first- mentioned court) having civil jurisdiction to the extent of the amount to be paid;

   the certificate is enforceable in all respects as a final judgment of the court in which it is filed in favour of the Commonwealth, of that public authority or of that person.".

Prerogative of mercy and other Commonwealth laws unaffected

18. Section 21d of the Principal Act is amended by adding at the end the following subsection:

"(2) This Part does not affect the operation of any other law of the Commonwealth, or of any law in force in a Territory, relating to the release of offenders.".

19. After section 21d of the Principal Act the following sections are inserted:

Director of Public Prosecutions may appeal against reductions where promised co-operation with law enforcement agencies refused

"21e. (1) Where a federal sentence, or a federal non-parole period, is reduced