3

Subsection (2) is subject to the requirement that the minimum term in a serious terrorism case must be at least 14 years.

This is subject to subsections (5) and (6).

4

A “serious terrorism case” is a case where, but for the fact that the court passes a life sentence, the court would be required by section 268B(2) or 282B(2) to impose a serious terrorism sentence (assuming for this purpose that the court is not of the opinion mentioned in section 268B(2) or 282B(2)).

5

The minimum term may be less than 14 years if the court is of the opinion that there are exceptional circumstances which—

a

relate to the offence or to the offender, and

b

justify a lesser period.

6

The minimum term may be less than 14 years if the court considers it appropriate, taking into account—

a

the matters mentioned in subsection (2)(c), and

b

the effect that the following would, if the court had sentenced the offender under section 268B(2) or 282B(2), have had in relation to the appropriate custodial term for that sentence—

i

section 73 (reductions for guilty pleas), and

ii

section 74 (reductions for assistance to the prosecution).