Document ID: chunk:federal_register_of_legislation:C2025C00132:section:16a:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 16A (pt 1/3)
Character Range: 809839–812441

16A  Matters to which court to have regard when passing sentence etc.—federal offences
 (1) In determining the sentence to be passed, or the order to be made, in respect of any person for a federal offence, a court must impose a sentence or make an order that is of a severity appropriate in all the circumstances of the offence.
Note: Minimum penalties apply for certain offences—see sections 16AAA, 16AAB and 16AAC.
 (2) In addition to any other matters, the court must take into account such of the following matters as are relevant and known to the court:
 (a) the nature and circumstances of the offence;
 (b) other offences (if any) that are required or permitted to be taken into account;
 (c) if the offence forms part of a course of conduct consisting of a series of criminal acts of the same or a similar character—that course of conduct;
 (d) the personal circumstances of any victim of the offence;
 (e) any injury, loss or damage resulting from the offence;
 (ea) if an individual who is a victim of the offence has suffered harm as a result of the offence—any victim impact statement for the victim;
 (f) the degree to which the person has shown contrition for the offence:
 (i) by taking action to make reparation for any injury, loss or damage resulting from the offence; or
 (ii) in any other manner;
 (fa) the extent to which the person has failed to comply with:
 (i) any order under subsection 23CD(1) of the Federal Court of Australia Act 1976; or
 (ii) any obligation under a law of the Commonwealth; or
 (iii) any obligation under a law of the State or Territory applying under subsection 68(1) of the Judiciary Act 1903;
  about pre‑trial disclosure, or ongoing disclosure, in proceedings relating to the offence;
 (g) if the person has pleaded guilty to the charge in respect of the offence:
 (i) that fact; and
 (ii) the timing of the plea; and
 (iii) the degree to which that fact and the timing of the plea resulted in any benefit to the community, or any victim of, or witness to, the offence;
 (h) the degree to which the person has cooperated with law enforcement agencies in the investigation of the offence or of other offences;
 (j) the deterrent effect that any sentence or order under consideration may have on the person;
 (ja) the deterrent effect that any sentence or order under consideration may have on other persons;
 (k) the need to ensure that the person is adequately punished for the offence;
 (m) the character, antecedents, age, means and physical or mental condition of the person;
 (ma) if the person's standing in the community was used by the person