Crimes (Sentencing) Act 2005

This section applies if—

the offender is serving a sentence of imprisonment (the existing sentence); and

the offender is sentenced to a further term of imprisonment (the primary sentence).

Pt 5.3 deals with whether the primary sentence is to be served concurrently or consecutively (or partly concurrently and partly consecutively) with the existing sentence.

Section 65 (Nonparole periods—court to set) applies as if the court that imposes the primary sentence had sentenced the person to imprisonment for a term equal to the total of the terms of the existing sentence and the primary sentence.

The imposition of the primary sentence automatically cancels any nonparole period set for the existing sentence.

Any nonparole period set for the primary sentence must not make the offender eligible to be released on parole earlier than if the primary sentence had not been imposed.