Corrections Act 1997

In this section – designated sentence– see subsection (1A); minimum term, in relation to a designated sentence, means – in the case of a sentence to which a non-parole period is applicable, that non-parole period; or in any other case, the sentence itself.

For the purposes of this section, a sentence imposed on a person is a designated sentence if, subject to subsection (6), the sentence is a sentence of imprisonment – to which a non-parole period is applicable; or to which an order under section 17(2)(a) of the Sentencing Act 1997 is applicable; or in respect of which the person is ineligible for parole by operation of section 17(3A) of the Sentencing Act 1997.

If, at any time, a person is subject to 2 or more designated sentences – the minimum terms relating to those designated sentences, subject to subsections (3) and (4), are to be cumulative upon, or concurrent with, each other in like manner as the sentences to which they relate; and the completion by a person of the non-parole period applicable to a sentence to which the person is subject is not to be taken into account for the purposes of section 70 if, at the time of completion of that non-parole period, the person has not completed the minimum term relating to any other designated sentence to which the person is subject.

For the purposes of subsection (2), if, at any time, a person is subject to 2 or more sentences that are to be served concurrently, being sentences to each of which, but for this subsection, a non-parole period would be applicable under section 68, those sentences are to be taken to be collectively subject to a single non-parole period.

The single non-parole period referred to in subsection (3) is to be ascertained in accordance with section 68 as if the sentences to which the person is subject comprised a single sentence of imprisonment for a period equal to the total period of imprisonment to which the person is sentenced as a result of those sentences being served concurrently.

If, under subsection (2), the minimum term in relation to a designated sentence is cumulative upon the minimum term in relation to another such sentence, the later minimum term is to be taken to commence upon the expiration of the earlier minimum term, notwithstanding that the earlier sentence has not been completed.

If a person becomes eligible for release on parole under this Act while the person is subject to a designated sentence – each designated sentence to which the person is subject ceases to be a designated sentence, for the purposes of this section, if – the person is subject to the designated sentence on the date on which the person becomes so eligible for release (the relevant date); and the person has completed the minimum term for that designated sentence; and a minimum term for a sentence referred to in paragraph (a) is not to be taken into account, under this section, in respect of a sentence that is imposed on the person on or after the relevant date.

For the avoidance of doubt, subsection (6) – may apply in respect of a person on one or more occasions; and applies to a designated sentence imposed on a person before the day on which theCorrections Amendment Act 2022commences (the commencement day) if – the person – is eligible for release on parole in respect of the sentence before the commencement day; and is on parole, or remains eligible for parole, in respect of the sentence on the commencement day; or the person becomes eligible for release on parole in respect of the sentence on or after the commencement day.

If – a sentence (the previous sentence) imposed on a person ceases to be a designated sentence by virtue of subsection (6); and a designated sentence (the new designated sentence) is imposed on the person while the person is still subject to the previous sentence; and at the time at which the new designated sentence is imposed on the person, the person is not subject to any other designated sentences – the minimum term for the new designated sentence is taken to commence – on the day on which the new designated sentence is imposed on the person; or on such other day as may be specified, in respect of the minimum term, by the court imposing the new designated sentence.