Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p12
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 28566–31263

(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 subsections (1) and (2) "the Australian Capital Territory or" (wherever occurring).

Enforcement of fines etc.

8. Section 18a of the Principal Act is amended:

    (a) by inserting in paragraph (1) (a) ", by a court or by any parole officer of that State or Territory," after "the passing or making";

    (b) by omitting from subsections (1) and (1a) "offences against laws of the Commonwealth" and substituting "federal offences";

    (c) by omitting subsection (2) and substituting the following subsections:

   "(2) Without limiting the generality of subsection (1), in the application to federal offenders of any State or Territory laws with respect to the enforcement or recovery of fines, a requirement that

   the amount of a fine be paid to a State or Territory office or officer is to be treated as a requirement that the amount of the fine be paid in accordance with the law of the Commonwealth.

   "(3) Where a court imposes a sentence or sentences of imprisonment on a person in respect of a failure to pay a fine or fines imposed for a federal offence or offences, the court must direct that the sentence, or all the sentences, commence to be served from the earliest practicable day despite the fact that the person may, on that day, already be serving another sentence of imprisonment for a federal, State or Territory offence.

   "(4) Despite subsection (3), a court may, where it is of the opinion that, in all the circumstances of the case, it is more appropriate to do so, direct that a period of imprisonment imposed on a person in respect of a failure to pay a fine imposed in respect of a federal offence commence to be served during, or at the end of, a period of imprisonment imposed for a similar failure in respect of another federal offence.".

9. Sections 19 and 19a of the Principal Act are repealed and the following sections, Division and Division heading are substituted:

Cumulative, partly cumulative or concurrent sentences

"19. (1) Where a person who is convicted of a federal offence or federal offences is at the time of that conviction or those convictions, serving, or subject to, one or more federal, State or Territory sentences, the court must, by order, direct when each federal sentence imposed by it for the first-mentioned offence commences, but so that:

    (a) each federal sentence does not commence later than the end of the sentences the commencement of which has already been fixed