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- CRIMES ACT 1914 SECT 17A
17A Restriction on imposing sentences
- (1)
- A court shall not pass a sentence of imprisonment on
any person for a federal offence, or for an offence
against the law of an external Territory that is
prescribed for the purposes of this section, unless
the court, after having considered all other available
sentences, is satisfied that no other sentence is
appropriate in all the circumstances of the case.
- (2)
- Where a court passes a sentence of imprisonment on a
person for a federal offence, or for an offence
against the law of an external Territory that is
prescribed for the purposes of this section, the
court:
- (a)
- shall state the reasons for its decision that no
other sentence is appropriate; and
- (b)
- shall cause those reasons to be entered in the
records of the court.
- (3)
- The failure of a court to comply with the provisions
of this section does not invalidate any sentence.
- (4)
- This section applies subject to any contrary
intention in the law creating the offence.
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