Document ID: chunk:federal_register_of_legislation:C2024C00861:section:72
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 72
Character Range: 209637–211348

72  Application of certain provisions of Crimes Act 1914
 (1) Sections 16 and 19A to 19AZD (other than section 19AH) of the Crimes Act 1914 (the applied Crimes Act provisions) apply to a service tribunal that imposes a punishment of imprisonment for a specific period on a convicted person as if:
 (a) the service tribunal were a court exercising jurisdiction in or in relation to the Jervis Bay Territory; and
 (b) the person were convicted in that Territory.
 (1A) Despite the applied Crimes Act provisions, a service tribunal that imposes a punishment of imprisonment for a specific period (the sentence) on a convicted person:
 (a) must not make a recognizance release order in relation to the person; and
 (b) may fix a non‑parole period in respect of the sentence, even if:
 (i) the sentence does not exceed 3 years; or
 (ii) if 2 or more sentences are imposed—the sentences in the aggregate do not exceed 3 years.
 (2) The fixing of a non‑parole period by a service tribunal under the applied Crimes Act provisions, as modified by subsection (1A), is to be taken, for the purposes of this Act, to be an order fixing that non‑parole period made by the service tribunal under this Part.
 (3) In addition to the effect of the provisions of Division 5 of Part IB of the Crimes Act 1914 (as applied by subsection (1) and modified by subsection (1A)), those provisions have the same effect in relation to a non‑parole period fixed by a service tribunal in respect of a sentence of, or sentences aggregating, 3 years or less as those provisions have in relation to a non‑parole period fixed by a service tribunal in respect of a sentence of, or sentences aggregating, more than 3 years but less than 10 years.