The Bahar approach to mandatory minimum sentencing — treating the mandatory minimum as the floor of the sentencing range reserved for the least serious category of offending — applies to the mandatory minimum provisions in s 16AAB of the Crimes Act 1914 (Cth) for child sex offences, not only to the Migration Act provisions. The use of a carriage service to access material in s 474.22A(1)(c) is a 'circumstance' not 'conduct', so the application provision does not require the access to have occurred after commencement. A prior offence qualifies as a 'State registrable child sex offence' if it is of a type that at any time may lead to registration, regardless of whether it was registrable when committed.
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