Sentence under s 20AB (Community Corrections Order)

The second most severe sentence available for Commonwealth offences is a sentence under s 20AB of the Crimes Act 1914 (Cth). This provision enables a court sentencing a federal offender to impose a State or Territory order.

In Victoria, the penalty that would be imposed for a federal offence under s 20AB of the Crimes Act 1914 (Cth) is a Community Corrections Order (CCO) . Although CCOs are available with or without conviction for Victorian offences, sentences under s 20AB cannot be without conviction.[1][ This means that if someone in Victoria receives a CCO for a federal offence, it must be with conviction.

An order made under s 20AB of the Crimes Act 1914 (Cth) may be combined with any fine the court has the power to impose for the offence.[2]

If a court sentences an offender to a CCO under s 20AB of the Crimes Act 1914 (Cth), this cannot be combined with a term of imprisonment.[3] This is unlike being sentenced to a CCO under Victorian law, where a CCO can be combined with a term of imprisonment not exceeding one year.[4]

If a person breaches an order issued under s 20AB, breach proceedings may be initiated.[5] If a court is satisfied that a person has breached an order issued under s 20AB, then the court may:[6]

  • Impose a fine of up to 10 penalty units;
  • Revoke the original order and re-sentence the offender; or
  • Take no action.

[1] S 20AB(1) Crimes Act 1914 (Cth)
[2] S 20AB(4)(a) Crimes Act 1914 (Cth)
[3] Atanackovic v R (2015) 45 VR 179, [82] – [87]
[4] S 44 Sentencing Act 1991 (Vic)
[5] S 20AC(2) Crimes Act 1914 (Cth)
[6] S 20AC(6) Crimes Act 1914 (Cth)