Crimes (Sentencing) Act 2005

A treatment order must include a part (the custodial part) that—

imposes a sentence of imprisonment of a term mentioned in section 12A (1) (b); and

suspends the sentence of imprisonment as mentioned in section 12A (3), unless the court under this part either provisionally cancels the suspension or cancels the treatment order.

Despite section 65 (Nonparole periods—court to set), the court must not set a nonparole period for a sentence of imprisonment imposed on an offender under the custodial part of the treatment order.

A sentence of imprisonment suspended under the custodial part is to be served by full-time detention at a correctional centre only if the court makes an order under this part cancelling the treatment order and imposing the sentence of imprisonment.

The court may cancel a treatment order and sentence an offender to full‑time detention or decide to resentence an offender to a different sentence including full-time detention (see s 80ZB, s 80ZD and s 80ZE).

If the court makes an order under this part cancelling the treatment order and imposing a sentence of imprisonment, the court—

must state when the period of full-time detention starts and ends; and

despite section 65, may set a nonparole period for the period of full-time detention if the period of full-time detention is more than 30 days.

Part 5.2 (Imprisonment—nonparole periods) applies to a nonparole period set under paragraph (4) (b) as if the nonparole period had been set under that part.

Pt 5.2 deals with setting and review of nonparole periods.