Crimes ACT 1914

CRIMES ACT 1914

CRIMES ACT 1914 SECT 16

16 Interpretation

(1): In this Part, unless the contrary intention appears:

aggregate , in relation to 2 or more sentences or terms of imprisonment, or in relation to the unserved portions of such sentences or terms, means the total effective sentence or term of imprisonment imposed, or remaining unserved, as the case may be, having regard to whether the sentences or terms are to be served cumulatively, partly cumulatively or concurrently.

Examples demonstrating meaning of aggregate

Example 1: The aggregate of 3 sentences, each of 2 years, to be served concurrently, is 2 years.

Example 2: The aggregate of 3 sentences, each of 2 years, where 2 sentences are to be served concurrently and one is to be served cumulatively, is 4 years.

Example 3: The aggregate of a one year unserved portion of a sentence, a 2 year unserved portion of another sentence, to be served concurrently with the first sentence, and a 2 year sentence to be served cumulatively, is 4 years.

federal court means the High Court or a court created by the Parliament, other than a court of a Territory.

federal offence means an offence against the law of the Commonwealth.

federal offender means a person convicted of a federal offence.

federal sentence means a sentence imposed for a federal offence.

fit to be tried includes fit to plead.

law , in relation to the Commonwealth, a State or a Territory, includes the common law, and any Imperial Act or order, that comprises a part of that law.

licence means a licence granted under section 19AP.

licence period , in relation to a person who is released on licence, means:

(a): where the person has not been given a federal life sentence—the period commencing on the day of release on licence and ending:

(i): if the last day of any federal sentence that is, on the day of the release, being served or to be served, after deducting any remission or reduction that is applicable, occurs earlier than 5 years after the day of release on licence—at the end of that last day; or
(ii): in any other case—at the end of the day that occurs 5 years after the day of release on licence; and

(b): where the person has been given a federal life sentence—the period commencing on the day of release on licence and ending at the end of the day specified in the licence as the day on which the licence period ends.

maximum penalty , in relation to an offence at common law, means imprisonment for life.

non-parole period , in relation to a sentence or sentences of imprisonment, means that part of the period of imprisonment for that sentence or those sentences during which the person is not to be released on parole, whether that part of the period is fixed or recommended by a court or fixed by operation of law.

offence means a federal offence, a State offence or a Territory offence.

offender means a federal offender, a State offender or a Territory offender.

parole includes probation.

parole officer means:

(a): an officer of a State, the Australian Capital Territory, the Northern Territory or Norfolk Island in respect of whom there applies:

(i): an arrangement in force under paragraph 21F(1)(b); or
(ii): an arrangement having a substantially similar effect in force under section 3B; or

(b): a person appointed or engaged under the Public Service Act 1999 in respect of whom an appointment under subsection 21F(3) is in force.

parole order means an order under subsection 19AL(1) or (2).

parole period , in relation to a person who is released on parole under section 19AL, means:

(a): where the person has not been given a federal life sentence—the period commencing on the day of release on parole and ending:

(i): if the last day of any federal sentence that is, on the day of the release, being served or to be served, after deducting any remission or reduction that is applicable, occurs earlier than 5 years after the day of release on parole—at the end of that last day; or
(ii): in any other case—at the end of the day that occurs 5 years after the day of release on parole; and

(b): where the person has been given a federal life sentence—the period commencing on the day of release on parole and ending at the end of the day specified in the parole order as the day on which the parole period ends.

pre-release period , in relation to a recognizance release order made in respect of a federal sentence or sentences, means the period of imprisonment specified in that order as the period of imprisonment in respect of that sentence or those sentences after service of which the offender may be released on the giving of security in accordance with that order.

prescribed authority means:

(a): a person who holds office as a Magistrate of a State, the Australian Capital Territory, the Northern Territory or Norfolk Island and in respect of whom an arrangement in force under paragraph 21F(1)(a) is applicable; or
(b): a person who holds office as a Magistrate of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or
(c): unless an arrangement has been entered into under paragraph 21F(1)(a) in respect of persons holding office as Magistrates of the Australian Capital Territory—a person who holds office as a Magistrate of the Australian Capital Territory.

prison includes gaol, lock-up or other place of detention.

recognizance release order means an order made under paragraph 20 (1)(b).

released on licence means released from prison under section 19AP.

released on parole means released from prison under section 19AL.

sentence , in sections 16B to 19AZD, means a sentence of imprisonment.

State includes the Australian Capital Territory and the Northern Territory.

State offence means an offence against the law of a State.

State offender means a person convicted of a State offence.

State sentence means a sentence imposed for a State offence.

supervision period , in relation to a person who is released on parole or on licence, means:

(a): where the person has not been given a federal life sentence—the period commencing on the day of release on parole or licence and ending at the end of a day specified in the parole order or licence as the day on which the supervision period ends, being a day not later than:

(i): if the last day of any federal sentence of imprisonment that is, on the day of the release, being served or to be served, after deducting any remission or reduction that is applicable, occurs earlier than 3 years after the day of release on parole or licence—that last day; or
(ii): in any other case—the day that occurs 3 years after the day of release on parole or licence; and

(b): where the person has been given a federal life sentence—the period commencing on the day of release on parole or licence and ending at the end of the day specified in the parole order or licence as the day on which the supervision ends, being a day not later than the day on which the parole period or licence period ends.

Territory does not include the Australian Capital Territory or the Northern Territory.

Territory offence means an offence against the law of a Territory.

Territory offender means a person convicted of a Territory offence.

Territory sentence means a sentence imposed for a Territory offence.

unfit to be tried includes unfit to plead.

(2): In this Part, expressions in the plural do not imply that expressions in the singular do not include the plural.