Document ID: chunk:federal_register_of_legislation:C2025C00132:section:19ah
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 19AH
Character Range: 860065–861266

19AH  Failure to fix non‑parole period or make recognizance release order
 (1) Where a court fails to fix, or properly to fix, a non‑parole period, or to make, or properly to make, a recognizance release order, under this Act:
 (a) that failure does not affect the validity of any sentence imposed on a person; and
 (b) the court must, at any time, on application by the Attorney‑General, the Director of Public Prosecutions or the person, by order, set aside any non‑parole period or recognizance release order that was not properly fixed or made and fix a non‑parole period or make a recognizance release order under this Act.
 (2) A court shall not, for the purposes of subsection (1), be taken to have failed to fix a non‑parole period in respect of a sentence or sentences in respect of which it has made a recognizance release order or to have failed to make a recognizance release order in respect of a sentence or sentences in respect of which it has fixed a non‑parole period.
 (3) Application under subsection (1) to the court that has sentenced a person may be dealt with by that court whether or not it is constituted in the way in which it was constituted when the person was sentenced.