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Commentary via Section

Part IB of the Crimes Act (Cth)

By clicking on the links below you can access commentary on the relevant section of Pt IB: Div 1 Interpretation 16 Interpretation 16AAA Victim impact statements Div 2 General Sentencing Principles 16A Matters to which court to have regard when passing sentence etc. 16AA Matters to which court to have regard when passing sentence etc. — Northern Territory Offences 16AB Matters relating to victim impact statements 16AC Reduction for cooperation with law enforcement agencies 16B Court to have regard to other periods of imprisonment required to be served 16BA Taking other offences into account 16C Fines 16D No corporal punishment Div 3 Sentences of Imprisonment 16E Commencement of sentences 16F Court to explain sentence 17A Restriction on imposing sentences 17B Restriction on imposing sentences for certain minor offences 18 Sentence of imprisonment 19 Cumulative, partly cumulative or concurrent sentences 19A Detention of person in State or Territory prisons 19AA Remissions and reductions of sentences Div 4 The fixing of non-parole periods and the making of recognizance release orders 19AB When court must fix non-parole period or make a recognizance release order 19AC When court must fix a recognizance release order 19AD Persons already subject to a non-parole period 19AE Persons already subject to recognizance release order 19AF Non-parole period or pre-release periods not to exceed remitted sentence 19AG Non-parole periods for sentences for certain offences 19AH Failure to fix non-parole period or make recognizance release order 19AHA Rectification of errors etc. in sentences, non-parole periods and recognizance release orders 19AJ Court may only fix non-parole periods or make recognizance release orders for federal sentences of imprisonment 19AK Possible deportation no impediment to fixing non-parole period 19AKA Purposes of parole Div 5 Conditional release on parole or licence 19AL Release on parole – making of a parole order 19ALA Matters that may be considered in decisions about parole orders 19AM Release on parole – when is a person released 19AMA Release on parole — parole period 19AN Parole order is subject to conditions 19AP Release on licence 19APA Amendment of parole orders and licences 19APB Effect of parole order and licence on sentence 19AQ When parole order or licence automatically revoked 19AR Fixing of non-parole period etc. where parole or licence automatically revoked 19AS Court to issue warrant of detention where person required to serve balance of sentence 19AT What happens when later conviction is quashed? 19AU Attorney-General may revoke parole order or licence 19AV Arrest of person whose parole order or licence revoked by Attorney-General 19AW Where person on parole or licence notified of revocation 19AX Where person on parole or licence not notified of revocation 19AY Appeals in respect of warrants issued under subsection 19AW(1) or that subsection as applied 19AZ Evidence before prescribed authority 19AZA Disobedience of summons etc. 19AZD State and Territory laws providing for leave of absence, pre-release etc. to apply to federal offenders 19B Discharge of offenders without proceeding to conviction 20 Conditional release of offenders after conviction 20A Failure to comply with condition of discharge or release 20AA Power to discharge or vary conditions of recognizance 20AB Additional sentencing alternatives 20AC Failure to comply with sentence passed, or order made, under subsection 20AB(1) Div 6 Unfitness to be tried 20B Consequences of preliminary finding that person unfit to be tried 20BA Upon determining prima facie case, court to dismiss charge or to determine fitness within 12 months 20BB Persons found by a court to be likely to be fit within 12 months 20BC Persons found by a court not to be likely to be fit within 12 months 20BD Review by Attorney-General 20BE Attorney-General may order release 20BF Release order may be revoked 20BG Attorney-General to review detention of persons taken back into detention 20BH State or Territory mental health authorities to be notified of certain releases 20BI Appeals against some Victorian jury findings of unfitness to be tried Div 7 Acquittal because of mental illness 20BJ Acquittal where person mentally ill 20BK Review by Attorney-General 20BL Attorney-General may order release 20BM Release order may be revoked 20BN Attorney-General to review detention of persons taken back into detention 20BP State or Territory authorities to be notified of certain releases Div 8 Summary disposition of persons suffering from mental illness or intellectual disability 20BQ Person suffering from mental illness or intellectual disability 20BR Means by which court may be informed Div 9 Sentencing alternatives for persons suffering from mental illness or intellectual disability 20BS Hospital orders 20BT Lesser periods of imprisonment fixed under hospital orders 20BU Discharge of hospital orders 20BV Psychiatric probation orders 20BW Breach of psychiatric probation orders 20BX Enforcement of psychiatric probation orders 20BY Program probation orders Div 10 Miscellaneous 20C Offences by children and young persons 21B Reparation for offences 21D Prerogative of mercy and other Commonwealth laws unaffected 21F Prescribed authorities and parole officers 22 Conditions etc. that a court may impose on certain offenders 22A State orders relating to passports  
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