Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT (No. 2) 1989 No. 4 of 1990 - SECT 7

7. (1) Section 17A of the Principal Act is amended:
   (a)   by omitting from subsection (1) "an offence against the law
of the Commonwealth, or of" and substituting "a federal offence, or for an
offence against the law of";
   (b)   by inserting after subsection (1) the following subsections:

     "(1A)   Where:


   (a)  a person is convicted of one or more federal offences relating to
        property, money or both, whose total value does not exceed $2,000; and

   (b)  the person has not previously been sentenced to imprisonment for any
        federal, State or Territory offence;
the court convicting the person must not, unless in the opinion of the court
there are exceptional circumstances that warrant it, pass a sentence of
imprisonment for that offence or any of those offences.

"(1B) For the purpose only, under subsection (1A), of aggregating the value of
property or money to which federal offences relate, a federal offence of which
a person has not been convicted but which a court, with the consent of the
person charged, has taken into account in passing sentence on the person for
another federal offence, is to be treated as if it were a federal offence of
which the person was convicted.'';
   (c)   by omitting from subsection (2) "an offence against the law of
the Commonwealth, or of" and substituting "a federal offence, or for an
offence against the law of";
   (d)   by omitting subsections (4) and (5) and substituting the
following subsection:

"(4) This section applies subject to any contrary intention in the law
creating the offence.".

(2) Section 17A of the Principal Act is further amended by omitting from
subsections (1) and (2) "the Australian Capital Territory or" (wherever
occurring).