Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p59
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 142673–145363

Attorney-General, the Director of Public Prosecutions or the person

may, whether or not the person has begun to serve that sentence, on or after that day, apply to the court by which the person was sentenced:

    (a) if the sentence of life imprisonment is the only sentence imposed on the person for a federal offence, or is the only such sentence the term of which has not been served when the application under this subsection is made—to fix a non-parole period in respect of the sentence of life imprisonment; or

    (b) if the sentence of life imprisonment is cumulative on, or concurrent or partly concurrent with, another federal sentence of imprisonment or other federal sentences of imprisonment imposed on the person, being a sentence or sentences not yet served when the application under this subsection is made—to fix a single non-parole period in respect of all the sentences.

(2) Subject to subsection (4), if a non-parole period is fixed as a result of an application under paragraph (1) (a), that non-parole period is to be treated as having commenced on the commencement of the sentence of life imprisonment and is not to be such as would render the person concerned eligible to be released on parole before the commencing day.

(3) Subject to subsection (4), if a non-parole period is fixed as a result of an application under paragraph (1) (b), that non-parole period is to be treated as having commenced on the commencement of the first to commence of the sentences of imprisonment referred to in that paragraph and is not to be such as would render the person concerned eligible to be released on parole before:

(a) the commencing day; or

    (b) the day on which the person would have been eligible for release if the sentence of life imprisonment had not been imposed;

whichever is the later.

(4) Where, in relation to any sentence of imprisonment referred to in paragraph (1) (b) other than a sentence of life imprisonment, a non-parole period (in this subsection called a "previous non-parole period") has been fixed but that non-parole period has not been served when the application under subsection (1) is made, the single non-parole period fixed in accordance with that subsection:

(a) is to be treated as having superseded that previous non-parole period; and

    (b) is to be treated as having commenced on the commencement of that previous non-parole period; and

    (c) is not to be such as would render the person eligible to be released on parole before:

(i) the commencing day; or

       (ii) the day on which that previous non-parole period would have been served;

      whichever is the later.

(5) A non-parole period that is fixed in