Crimes Legislation Amendment Act (No. 2) 1989 (Cth)

Crimes Legislation Amendment Act (No. 2) 1989

No. 4 of 1990

TABLE OF PROVISIONS

PART 1—PRELIMINARY Section 1. Short title 2. Commencement

PART 2—AMENDMENTS OF THE CRIMES ACT 1914 AND CONSEQUENTIAL AMENDMENTS

Division 1—Amendments of the Crimes Act 1914 3. Principal Act 4. Interpretation 5. Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island 6. Repeal of section 17 and substitution of new Part heading, Divisions, Division heading and sections:

PART 1B—SENTENCING. IMPRISONMENT AND RELEASE OF FEDERAL OFFENDERS

Division 1—Interpretation 16. Interpretation

Division 2—General Sentencing Principles

16a. Matters to which court to have regard when passing sentence etc. 16b. Court to have regard to other periods of imprisonment required to be served TABLE OF PROVISIONS-continued Section 16c. Fines 16d. No corporal punishment

Division 3—Sentences of imprisonment 16e. Commencement of sentences 16f. Court to explain sentence 16g. Federal sentence to be adjusted if no State or Territory remission laws apply 7. Restriction on imposing sentences 8. Enforcement of fines etc. 9. Repeal of sections 19 and 19a and substitution of new sections, Division and Division heading: 19. Cumulative, partly cumulative or concurrent sentences 19a. Detention of person in State or Territory prisons 19aa. Remissions and reductons of sentences Division 4—The fixing of non-parole periods and the making of recognizance release orders 19ab. When court must fix a non-parole period 19ac. Persons already subject to a non-parole period or recognizance release order 19ad. When court must make a recognizance release order 19ae. Court may decline to fix non-parole period or to make recognizance release order in certain cases 19af. Non-parole period or pre-release periods not to exceed remitted sentence 19ag. Non-applicability of State or Territory remission or reduction laws to be taken into account 19ah. Failure to fix non-parole period or make recognizance release order 19aj. Court may only fix non-parole periods or make recognizance release orders for federal sentences of imprisonment 19ak. Possible deportation no impediment to fixing non-parole period Division 5—Conditional release on parole or licence 19al. Release on parole 19am. Person not to be released on parole if still serving State or Territory sentence 19an. Parole order is subject to conditions 19ap. Release on licence 19aq. When parole order or licence automatically revoked 19ar. Fixing of non-parole period etc. where parole or licence automatically revoked 19as. Court to issue warrant of detention where person required to serve balance of sentence 19at. What happens when later conviction is quashed? 19au. Attorney-General may revoke parole order or licence 19av. Arrest of person whose parole order or licence revoked by Attorney-General 19aw. Where person on parole or licence notified of revocation 19ax. Where person on parole or licence not notified of revocation 19ay. Appeals in respect of warrants issued under subsection 19aw (1) or that subsection as applied 19az. Evidence before prescribed authority 19aza. Disobedience of summons etc. 19azb. Can person be released on parole or licence if earlier parole order or licence revoked? 19azc. Effect of parole order and licence on sentence 19azd. State and Territory laws providing for leave of absence, pre-release etc. to apply to federal offenders TABLE OF PROVISIONS-continued Section 10. Discharge of offenders without proceeding to conviction 11. Conditional release of offenders after conviction 12. Failure to comply with condition of discharge or release 13. Additional sentencing alternatives 14. Failure to comply with sentence passed, or order made, under subsection 20ab (1) 15. Repeal of section 20b and substitution of new Divisions and Division heading: