Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p17
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 40521–43173

do so.

"(2) Where a court decides, under this section, that it is inappropriate either to fix a non-parole period, or to make a recognizance release order, the court:

(a) shall state its reasons for so deciding; and

(b) shall cause the reasons to be entered in the records of the court.

Non-parole period or pre-release periods not to exceed remitted sentence

"19af. (1) Where a court is required to fix a non-parole period or make a recognizance release order in respect of a federal sentence or sentences, the court must fix a non-parole period that ends, or make a recognizance release order such that the pre-release period ends, not later than the end of the sentence, or of the last to be served of the sentences, as reduced by any remissions or reductions under section 19aa.

"(2) This section does not restrict the length of the non-parole period or the pre-release period in respect of a life sentence or sentences that include such a sentence.

Non-applicability of State or Territory remission or reduction laws to be taken into account

"19ag. In calculating a non-parole period or pre-release period, in respect of a federal sentence, the court fixing that period:

    (a) must take into account the fact that, under section 19aa, any non-parole period, or pre-release period specified in a recognizance release order made, in respect of the sentence will not be subject to remission or reduction other than a remission or reduction applying under subsection 19aa (4); and

(b) must adjust the period accordingly.

Failure to fix non-parole period or make recognizance release order

"19ah. (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; 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