Penalties and Sentences Act 1992

If a court sentences an offender to imprisonment for 5 years or less, it may order that the term of imprisonment be suspended.

An order under subsection (1) may be made only if the court is satisfied that it is appropriate to do so in the circumstances.

An order under subsection (1) may suspend the whole or a part of the term of imprisonment.

A court must not suspend a term of imprisonment if it is satisfied, having regard to the provisions of this Act, that it would be appropriate in the circumstances that the offender be imprisoned for the term of imprisonment imposed.

The court must state an operational period during which the offender must not commit another offence punishable by imprisonment if the offender is to avoid being dealt with under section 146 for the suspended sentence.

The operational period starts on the day the order is made and must be—

not less than the term of imprisonment imposed; and

not more than 5 years.