Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_94
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 94
Character Range: 519131–520237

94  Fixing of non‑parole period for sentences imposed before commencement
 (1) This section applies if:
 (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and
 (b) the offender has not been sentenced to imprisonment for life for the crime of murder; and
 (c) the sentence is not suspended in whole or in part; and
 (d) the offender is serving the sentence; and
 (e) a court has not fixed a non‑parole period in relation to the sentence.
 (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:
 (a) the nature of the offence;
 (b) the history of the offender;
 (c) the circumstances of the case;
 (d) any other reason.
 (3) If the court refuses to fix a non‑parole period, the court must:
 (a) state its reasons for so refusing; and
 (b) cause the reasons to be entered in the records of the court.