Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p16
Version: federal_register_of_legislation:C2004A04198
Segment Type: other
Provision Reference: 
Character Range: 39461–42322

an amount equal to that amount, the registrar of the court must issue a certificate containing the prescribed particulars.

     "(5a) The certificate may be registered, in accordance with the regulations, in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order.

     "(5b) Upon registration in a court, the certificate is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.".

                   SCHEDULE Section 22

FURTHER AMENDMENTS OF THE CRIMES ACT 1914

Subsection 16 (1):

  Insert:

" 'aggregate', in relation to 2 or more sentences or terms of imprisonment, or in relation to the unserved portions of such sentences or terms, means the total effective sentence or term of imprisonment imposed, or remaining unserved, as the case may be, having regard to whether the sentences or terms are to be served cumulatively, partly cumulatively or concurrently.

EXAMPLES DEMONSTRATING MEANING OF "AGGREGATE"

Example 1:

The aggregate of 3 sentences, each of 2 years, to be served concurrently, is 2 years.

Example 2:

The aggregate of 3 sentences, each of 2 years, where 2 sentences are to be served concurrently and one is to be served cumulatively, is 4 years.

Example 3:

The aggregate of a one year unserved portion of a sentence, a 2 year unserved portion of another sentence, to be served concurrently with the first sentence, and a 2 year sentence to be served cumulatively, is 4 years.

Paragraph 16b (b):

  After "because" insert "of.

Subsection 19 (1):

    (a)     Omit "must, by order, direct when each federal sentence imposed by it for the first-mentioned offence commences, but so that:", substitute "must, when imposing a federal sentence for that federal offence, or for each of those federal offences, by order direct when the federal sentence commences, but so that:".

    (b)     Omit "each federal sentence does not commence", substitute "no federal sentence commences".

Paragraph 19 (3) (c):

Omit "each federal sentence does not commence", substitute "no federal sentence commences".

Sections 19ab, 19ac, 19ad and 19ae:

  Repeal sections 19ab, 19ac, 19ad and 19ae, substitute:

When court must fix non-parole period or make a recognizance release order

  "19ab. (1) Subject to subsection (3), where:

    (a) a person is convicted of a federal offence, or of 2 or more federal offences at the same sitting; and

SCHEDULE—continued

    (b)     a court imposes on the person a federal life sentence, or a federal sentence that exceeds, or federal sentences that, in the aggregate, exceed 3 years; and

    (c)     at the time the sentence or sentences are imposed, the person is not already serving or subject to a federal sentence;

the court must either:

    (d)     fix a single non-parole period