Crimes Act 1914

Subject to subsection (3), a court must fix a single non‑parole period in respect of a federal sentence or federal sentences if:

a person is convicted of a federal offence, or of 2 or more federal offences at the same sitting; and

the court imposes the sentence or sentences on the person; and

either or both of the following subparagraphs apply:

any of the sentences is a federal life sentence;

the sentences, in the aggregate, exceed 3 years; and

when the court imposes the sentence or sentences, the person is not already serving or subject to a federal sentence.

Subject to subsection (3), a court must fix a single non‑parole period in respect of all federal sentences a person is to serve or complete if:

while the person is in prison and is serving or subject to a federal sentence, the court imposes a further federal sentence on the person; and

the result is that the person is to serve or to complete:

a federal life sentence; or

federal sentences the unserved portions of which, in the aggregate, exceed 3 years; and

when the court imposes the further federal sentence, the person is not already subject to a non‑parole period or recognizance release order in respect of a federal sentence.

A court may decline to fix a non‑parole period under this section if:

the court is satisfied that a non‑parole period is not appropriate, having regard to:

the nature and circumstances of the offence or offences; and

the antecedents of the person; or

the person is expected to be serving a State or Territory sentence on the day after the end of the federal sentence, or the last to be served of the federal sentences.

If the court declines to fix a non‑parole period, the court must:

state its reasons for so declining; and

cause the reasons to be entered in the records of the court.