Sentencing Act 2017

Subject to this section, if a court has imposed a sentence of imprisonment on a defendant, the court may, if it thinks that good reason exists for doing so, suspend the sentence on condition that the defendant enter into a bond—

to be of good behaviour; and

to comply with the conditions of the bond referred to in subsection (2); and

to comply with any other conditions of the bond as the court thinks appropriate and specifies in the bond.

Subject to this Act, a bond under this section is subject to the following conditions:

a condition prohibiting the defendant from possessing a firearm or ammunition or any part of a firearm;

a condition requiring the defendant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by a person or class of persons or body specified by the court.

A sentence of imprisonment may not be suspended under this section if the defendant is being sentenced—

to a sentence of imprisonment that is to be served cumulatively on another term of imprisonment, or concurrently with another term of imprisonment then being served, or about to be served, by the defendant; or

as an adult to a period of imprisonment of 2 years or more for a prescribed designated offence; or

as an adult for a serious sexual offence; or

as an adult for a serious and organised crime offence or specified offence against police; or

as an adult for a designated offence and, during the 5 year period immediately preceding the date on which the relevant offence was committed, a court has suspended a sentence of imprisonment or period of detention imposed on the defendant for a designated offence.

Despite subsection (3)(a), if the period of imprisonment to which a defendant is liable under 1 or more sentences is more than

direct that the defendant serve a specified period (being not less than 1 month) of the imprisonment in prison; and

suspend the remainder of the sentence on condition that the defendant enter into a bond of a kind described in subsection (1) that will have effect on the defendant's release from prison.

Despite subsection (3)(b), if a defendant is being sentenced as an adult to a period of imprisonment of 2 years or more for a prescribed designated offence, the sentencing court may, by order—

direct that the defendant serve a specified period of the imprisonment in prison (which, if a non‑parole period has been fixed in respect of the defendant, must be a period that is one‑fifth of the non‑parole period fixed); and

suspend the remainder of the sentence on condition that the defendant enter into a bond of a kind described in subsection (1) that will have effect on the defendant's release from prison.

Despite subsection (3)(c) and (d), the court may, if satisfied that exceptional circumstances exist for doing so—

suspend a sentence of imprisonment imposed on a defendant for a serious and organised crime offence or specified offence against police, or for a designated offence in the circumstances described in subsection (3)(d), on condition that the defendant enter into a bond of a kind described in subsection (1); or

make an order under subsection (4) in respect of a defendant being sentenced for a serious and organised crime offence or specified offence against police, or for a designated offence in the circumstances described in subsection (3)(d), if the period of imprisonment to which the defendant is liable under 1 or more sentences is more than

If a probationer under a bond entered into under this section complies with the conditions of the bond, the sentence of imprisonment is, on the expiration of the bond, wholly extinguished.

In this section—

an offence under section 13 or 13A;

an offence under section 19;

an offence under section 19AA;

an offence under section 19AC;

an offence under section 19A;

an offence under section 23 or 24;

an offence under section 29A;

an offence against section 20AA(1), (2) or (4);

an offence under section 39;

an offence under section 137;

an offence under section 170;

an offence under section 270B if the offence against the person to which that section applies is a relevant offence referred to in a preceding paragraph;

an approved carer of the child; and

a person in whose care the child is placed under section 77 of the Children and Young People (Safety)

any of the following offences under the

an offence under section 83E;

an aggravated offence under section 172 or 251, where the aggravating circumstances of the offence are the circumstances referred to in section 5AA(1)(ga)(i) or (ii) of that Act;

an offence under section 244 or 245; or

any of the following offences under the

an offence under section 32(1);

an aggravated offence under section 32(2), 32(2a) or

an offence under section 33(1);

an aggravated offence under section 33(2) or 33(3);

an aggravated offence under section 33A(1), 33A(2), 33A(3), 33A(4) or 33A(5);

an offence under section 33F, 33G or 33H;

—

any of the following offences under the

an offence under section 48 (rape);

an offence under section 48A (compelled sexual manipulation);

an offence under section 50 (persistent sexual abuse of a child);

an offence under section 51 (sexual exploitation of person with a cognitive impairment);

an offence under section 59 (abduction);

an offence under section 60 (procuring sexual intercourse);

an offence under section 66 (sexual servitude and related offences);

an offence under section 67 (deceptive recruiting for commercial sexual services);

an offence under section 68 (use of children in commercial sexual services);

an offence under section 72 (incest);

an offence against a corresponding previous enactment substantially similar to an offence referred to in any of the preceding subsubparagraphs;

an attempt to commit or an assault with intent to commit any of the offences referred to in any of the preceding subsubparagraphs; or

any of the following offences under the

an offence under section 49 (unlawful sexual intercourse), other than an offence that occurred in prescribed circumstances;

an offence under section 56 (indecent assault), other than an offence that occurred in prescribed circumstances;

an offence under section 58 (gross indecency), other than an offence that occurred in prescribed circumstances;

an offence under section 63 (production or dissemination of child exploitation material), other than an offence that occurred in prescribed circumstances;

an offence under section 63B (procuring child to commit an indecent act etc), other than an offence that occurred in prescribed circumstances; or

an offence against a corresponding previous enactment substantially similar to an offence referred to in either of the preceding subparagraphs;

an attempt to commit or an assault with intent to commit any of the offences referred to in any of the preceding subparagraphs; or

an offence against the law of another State or a Territory corresponding to an offence referred to in paragraph (a);

an aggravated offence under section 23(1) or 23(3) of the Criminal Law Consolidation

an offence of attempted murder or attempted manslaughter under the

knowing the victim to be acting in the course of the victim's official duty; or

in retribution for something the offender knows or believes to have been done by the victim in the course of the victim's official duty.

For the purposes of this section, an offence occurred in

the defendant was, at the time of the offence, 20 years of age or less; and

the circumstances of the offending, including the victim's age and the age difference between the defendant and the victim, are such that it is appropriate that the sentence be suspended; and

the defendant was not, at the time of the offence, a person in a position of authority in relation to the victim.

If—

the defendant commits an offence under section 63B(3) of the

by reason of that offence, the defendant is taken to have committed a serious sexual offence for the purposes of this section; and

the victim of the offence is a fictitious person represented to the defendant as a real person, the court may, in considering the circumstances of the offending for the purposes of subsection (10)(b) in relation to the victim's age and the age difference between the defendant and the victim, take into consideration the age that the defendant believed the victim to be at the time of the offence.

For the purposes of subsection (10), a person is in a position of authority in relation to a victim (the child) if—

the person is a teacher and the child is a pupil of the teacher or of a school at which the teacher works; or

the person is a parent, step-parent, guardian or foster parent of the child or the de facto partner or domestic partner of a parent, step-parent, guardian or foster parent of the child; or

the person provides religious, sporting, musical or other instruction to the child; or

the person is a religious official or spiritual leader (however described and including lay members and whether paid or unpaid) in a religious or spiritual group attended by the child; or

the person is a health professional or social worker providing professional services to the child; or

the person is responsible for the care of the child and the child has a cognitive impairment; or

the person is employed or providing services in a correctional institution (within the meaning of the Correctional Services Act 1982) or a training centre (within the meaning of the Young Offenders Act 1993), or is a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child; or

the person is employed or providing services in a licensed children's residential facility (within the meaning of the

the person is an employer of the child or other person who has the authority to determine significant aspects of the child's terms and conditions of employment or to terminate the child's employment (whether the child is being paid in respect of that employment or is working in a voluntary capacity).

A description of an offence appearing in brackets in this section is for convenience of reference only.