Document ID: chunk:federal_register_of_legislation:C2025C00132:section:19ag:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 19AG (pt 1/2)
Character Range: 857284–860055

19AG  Non‑parole periods for sentences for certain offences
 (1) This section applies if a person is convicted of one of the following offences (each of which is a minimum non‑parole offence) and a court imposes a sentence for the offence:
 (b) a terrorism offence;
 (c) an offence against Division 80 (other than Subdivision CA) of the Criminal Code;
 (d) an offence against subsection 91.1(1) or 91.2(1) of the Criminal Code.
Note: A sentence for a minimum non‑parole offence is a federal sentence, because such an offence is a federal offence.
 (2) The court must fix a single non‑parole period of at least 3/4 of:
 (a) the sentence for the minimum non‑parole offence; or
 (b) if 2 or more sentences have been imposed on the person for minimum non‑parole offences—the aggregate of those sentences.
The non‑parole period is in respect of all federal sentences the person is to serve or complete.
 (3) For the purposes of subsection (2):
 (a) a sentence of imprisonment for life for a minimum non‑parole offence is taken to be a sentence of imprisonment for 30 years for the offence; and
 (b) it does not matter:
 (i) whether or not the sentences mentioned in that subsection were imposed at the same sitting; or
 (ii) whether or not the convictions giving rise to those sentences were at the same sitting; or
 (iii) whether or not all the federal sentences mentioned in that subsection are for minimum non‑parole offences.
 (4) If the person was subject to a recognizance release order, the non‑parole period supersedes the order.

Fixing non‑parole periods for persons under 18 years of age
 (4A) In imposing a sentence for an offence covered by this section on a person who is under 18 years of age, the court must comply with subsection (2) unless the court is satisfied that exceptional circumstances exist to justify fixing a shorter single non‑parole period.
 (4B) In determining whether exceptional circumstances exist to justify fixing a shorter single non‑parole period in relation to the person, without limiting the matters the court may have regard to, the court must have regard to:
 (a) the protection of the community as the paramount consideration; and
 (b) the best interests of the person as a primary consideration.

Relationship with sections 19AB, 19AC, 19AD, 19AE and 19AR
 (5) Sections 19AB, 19AC, 19AD, 19AE and 19AR have effect subject to this section.
Note: The effects of this include preventing a court from:
(b) confirming (under paragraph 19AD(2)(d)) a pre‑existing non‑parole period; or
(c) confirming (under paragraph 19AE(2)(d)) a recognizance release order; or
(ca) making a recognizance release order under paragraph 19AE(2)(e); or
(d) declining (under subsection 19AB(3) or 19AC(1) or (2) or paragraph 19AD(2)(f)) to fix a non‑parole