Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p35
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 84075–86884

and substituting the following word and paragraph:

"; and (c) any other order made in respect of the offence or offences.";

    (h) by inserting in subsections (7) and (8) "or offences" after "the offence" (wherever occurring);

    (j) by inserting in subsections (7) and (8) "or those offences" after "that offence" (wherever occurring);

    (k) by inserting in subsection (8) "or sentences" after "sentence" (wherever occurring).

Additional sentencing alternatives

13. Section 20ab of the Principal Act is amended:

    (a) by omitting from subsection (1) "a person convicted of an offence against the law of the State or Territory" and substituting "a State or Territory offender";

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

    (c) by inserting after subsection (1) the following subsections:

    "(1a) Where the law of a participating State or a participating Territory requires that before passing a sentence, or making an order, of the kind referred to in subsection (1) a court must first pass another sentence or make another order (whether or not that other sentence or other order is suspended upon the making of the first-mentioned sentence or order), then, a court is not required, before passing or making that first-mentioned sentence or order in respect of a person convicted by that court for a federal offence, to pass that other sentence or make that other order.

    "(1b) A court is not precluded from passing a sentence, or making an order, under subsection (1) only because the court is empowered under section 20ac, in relation to a person who has failed to comply with such a sentence or order, to take action that is, or may be, inconsistent with action that, under the law of a participating State or participating Territory, a court of that State or Territory is empowered to take for such a failure by a State or Territory offender.";

    (d) by omitting from subsection (3) "an offence against the law of the Commonwealth" and substituting "a federal offence".

Failure to comply with sentence passed, or order made, under subsection 20ab (1)

14. Section 20ac of the Principal Act is amended by omitting from subsection (10) "an offence against the law of the Commonwealth" and substituting "a federal offence".

15. Section 20b of the Principal Act is repealed and the following Divisions are substituted:

"Division 6—Unfitness to be tried

Consequences of preliminary finding that person unfit to be tried

"20b. (1) Where, in proceedings for the commitment of a person for trial of a federal offence on indictment, being proceedings begun after this section commences, the question of the person's fitness to be tried in respect of the offence, is raised by the prosecution, the