Document ID: chunk:federal_register_of_legislation:C2025C00132:section:16ba:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 16BA (pt 1/3)
Character Range: 832333–834845

16BA  Taking other offences into account
 (1) Where a person is convicted of a federal offence or federal offences, and the court before which the person is convicted is satisfied that:
 (a) there has been filed in the court a document in, or to the effect of, the form prescribed for the purposes of this section;
 (b) the document contains a list of other federal offences, or offences against the law of an external Territory that is prescribed for the purposes of this section, which the person convicted is believed to have committed;
 (c) the document has been signed:
 (i) by the Director of Public Prosecutions;
 (ii) for and on behalf of the Director of Public Prosecutions, by a person authorized by the Director of Public Prosecutions, by instrument in writing, to sign documents under this subsection; or
 (iii) by a person appointed under section 69 of the Judiciary Act 1903 to prosecute indictable federal offences;
  and by the person convicted;
 (d) a copy of the document has been given to the person; and
 (e) in all the circumstances it is proper to do so;
the court may, with the consent of the prosecutor and before passing sentence on the person, ask him or her whether he or she admits his or her guilt in respect of all or any of the offences specified in the list and wishes them to be taken into account by the court in passing sentence on him or her for the offence or offences of which he or she has been convicted.
 (2) Subject to subsection (3), if the person admits his or her guilt in respect of all or any of the offences specified in the list and wishes to have them taken into account by the court in passing sentence on him or her for the offence or offences of which he or she has been convicted, the court may, if it thinks fit, in passing sentence on him or her for the offence or offences of which he or she has been convicted, take into account all or any of the offences in respect of which the person has admitted his or her guilt.
 (3) The court shall not take into account under this section any indictable offence that it would not have jurisdiction to try even if the defendant consented to the court hearing and determining proceedings for the offence or the prosecutor requested the court to hear and determine those proceedings.
 (3A) Subsection (3) does not prevent a court from taking into account an indictable offence where the court has jurisdiction to sentence a person charged with that offence.
 (4) Where the court takes into account under this section