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Conviction with no other penalty

Section 10A Crimes (Sentencing Procedure) Act 1999 allows the court to convict a person without imposing any further penalty.

Section 10A is particularly used in circumstances where a court considers a s 10 bond (a conditional discharge without conviction) is inappropriate because an offence is not trivial but the court finds that it is inconvenient to impose any further penalty.

It should be noted, however, that an order under s 10A does not operate to defeat automatic statutory periods of licence disqualification that are imposed upon conviction for certain driving offences.

Commonwealth offences

Section 20(1)(a) Crimes Act 1914 (Cth) provides that, where a court convicts a person of a federal offence, the court may order the conditional release of the person without passing sentence. The person must give security that he or she will comply with the conditions of release. These can include that you will:

• be of good behaviour, for a period not greater than 5 years.
• make such reparation or pay such compensation as the court specifies.
• comply with any other conditions the court thinks fit to specify.

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