Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p60
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 145116–147691

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 accordance with this section is to be taken, for the purposes of the Principal Act as amended by this Act, to have been fixed under Part 1b of the Principal Act as so amended.

(6) A court is not precluded from fixing a non-parole period in respect of a sentence or sentences on an application under this section by virtue only of the fact that the person is, or may be, liable to be deported from Australia.

(7) An application under subsection (1) to the court that has imposed a sentence of life imprisonment on a person for a federal offence may be dealt with by that court whether or not it is constituted in the way in which it was constituted when the person was so sentenced.

Repeal of Commonwealth Prisoners Act 1967

29. The Commonwealth Prisoners Act 1967 is repealed.

Lesser terms of imprisonment fixed under Commonwealth Prisoners Act 1967 before commencing day

30. (1) Where:

    (a) a person was sentenced before the commencing day to a term of imprisonment for a federal offence; and

    (b) a court had fixed or purported to fix a lesser term of imprisonment under section 4 of the Commonwealth Prisoners Act 1967 as the period during which the person is not eligible to be released on parole; and

    (c) on that day, that lesser period of imprisonment had not been served or, if it had been served, the person's release on parole had been deferred for whatever reason;

that lesser term is to be treated, on and after that day, for all purposes of the Principal Act as amended by this Act, as if it were a non-parole period that had been duly fixed in respect of that sentence under Division 4 of the Principal Act as so amended.

(2) Where:

    (a) a person was sentenced before the commencing day to terms of imprisonment for more than one federal offence; and

    (b) a court had fixed or purported to fix lesser terms of imprisonment under section 4 of the Commonwealth Prisoners Act 1967 of the kind referred to in paragraph (1) (b) in respect of more than one of those sentences; and

    (c) the lesser periods were concurrent, partly concurrent or cumulative and, on that day, the aggregate period required to be served to satisfy all of those lesser periods had not been served or, if that

     aggregate period had been served, the person's release on parole had been deferred for whatever