Crimes Act 1914

This section applies if a court imposing a sentence, or making an order, for a federal offence:

reduces the severity of the sentence or order; or

reduces the non‑parole period in relation to the sentence (if applicable);

The court must:

state that the sentence, order or non‑parole period is being reduced for that reason; and

specify the sentence that would have been imposed, the order that would have been made or the non‑parole period that would have been fixed but for that reduction.

The court imposes a fine of $1,000 and specifies that, but for the offender undertaking to cooperate with law enforcement agencies, the court would have imposed a fine of $10,000.

The Director of Public Prosecutions may appeal against the inadequacy of the reduced sentence, reduced order or reduced non‑parole period if:

after the imposing of the sentence or the making of the order, the offender, without reasonable excuse, does not cooperate in accordance with the undertaking; and

the Director of Public Prosecutions is of the opinion that appealing is in the interests of the administration of justice.

The court hearing the appeal:

if it is satisfied that the person has failed entirely to cooperate in accordance with the undertaking—must substitute for the reduced sentence, reduced order or reduced non‑parole period the sentence, order or non‑parole period that would have been imposed, made or fixed but for that reduction; and

if it is satisfied that the person has failed in part to cooperate in accordance with the undertaking—may substitute:

for the reduced sentence or reduced order such a sentence or order, not exceeding in severity the sentence or order that could be imposed or made under paragraph (a), as the court thinks appropriate; or

for the reduced non‑parole period such a non‑parole period, not exceeding the parole period that could be fixed under paragraph (a), as the court thinks appropriate.

In this Act:

proceedings for freezing orders, forfeiture orders, pecuniary penalty orders, literary proceeds orders and restraining orders under the Proceeds of Crime Act 2002; and

proceedings for forfeiture orders, pecuniary penalty orders and restraining orders under the Proceeds of Crime Act 1987; and

proceedings for restraining orders and pecuniary penalty orders under Part XIII of the Customs Act 1901.