Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p11
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 26060–28818

language likely to be readily understood by the person, the purpose and consequences of making the recognizance release order including, in particular, an explanation:

    (a) that service of the sentence will entail a period of imprisonment equal to the pre-release period (if any) specified in the order and a period of service in the community equal to the balance of the sentence; and

    (b) of the conditions to which the order is subject; and

    (c) of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions; and

    (d) that any recognizance given in accordance with the order may be discharged or varied under section 20aa.

Federal sentence to be adjusted if no State or Territory remission laws apply

"16g. If a federal sentence is to be served in a prison of a State or Territory where State or Territory sentences are not subject to remission or reduction, the court imposing the sentence must take that fact into account in determining the length of the sentence and must adjust the sentence accordingly.".

Restriction on imposing sentences

7. (1) Section 17a of the Principal Act is amended:

    (a) by omitting from subsection (1) "an offence against the law of the Commonwealth, or of' and substituting "a federal offence, or for an offence against the law of';

    (b) by inserting after subsection (1) the following subsections:

"(1a) Where:

       (a) a person is convicted of one or more federal offences relating to property, money or both, whose total value does not exceed $2,000; and

       (b) the person has not previously been sentenced to imprisonment for any federal, State or Territory offence;

    the court convicting the person must not, unless in the opinion of the court there are exceptional circumstances that warrant it, pass a sentence of imprisonment for that offence or any of those offences.

   "(1b) For the purpose only, under subsection (1a), of aggregating the value of property or money to which federal offences relate, a federal offence of which a person has not been convicted but which a court, with the consent of the person charged, has taken into account in passing sentence on the person for another federal offence, is to be treated as if it were a federal offence of which the person was convicted.";

    (c) by omitting from subsection (2) "an offence against the law of the Commonwealth, or of' and substituting "a federal offence, or for an offence against the law of';

    (d) by omitting subsections (4) and (5) and substituting the following subsection:

"(4) This section applies subject to any contrary intention in the law creating the offence.".

(2) Section 17a of the Principal Act is further amended by omitting from