Crimes Act 1914
Part IB
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Sentencing, imprisonment and release of federal offenders
Division 5
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Conditional release on parole or licence
Subdivision A
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Release on parole or licence
SECTION 19APB
Effect of parole order and licence on sentence
(1)
If a parole order is made, or a licence is granted, in relation to a person: (a) the person is taken to be still under sentence and not to have served the part of any sentence that remained to be served at the beginning of the parole period or licence period, until:
(2)
Subsection (1) has effect as if the parole period or the licence period had not ended without the parole order or licence being revoked, if in relation to the parole order or licence: (a) a determination referred to in subsection 19AQ(1) or (2) is made at a time after the end of the parole period or licence period; and (b) the time the parole order or licence is taken to have been revoked under subsection 19AQ(1) or (2) is during the parole period or licence period.
View history note
Hide history noteIf a parole order is made, or a licence is granted, in relation to a person: (a) the person is taken to be still under sentence and not to have served the part of any sentence that remained to be served at the beginning of the parole period or licence period, until:
(i) the parole period or licence period ends without the parole order or licence being revoked; or
(b) the person is taken:
(ii) the person is otherwise discharged from imprisonment; and
(i) to have served the part of any sentence that remained to be served at the beginning of the parole period or licence period; and
if the parole period or licence period ends without the parole order or licence being revoked.
(ii) to have been discharged from imprisonment;
(2)
Subsection (1) has effect as if the parole period or the licence period had not ended without the parole order or licence being revoked, if in relation to the parole order or licence: (a) a determination referred to in subsection 19AQ(1) or (2) is made at a time after the end of the parole period or licence period; and (b) the time the parole order or licence is taken to have been revoked under subsection 19AQ(1) or (2) is during the parole period or licence period.
[ CCH Note: Subdiv AA will be inserted by No 33 of 2026, s 3 and Sch 1 item 19, effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB . Subdiv AA will read:
]Subdivision AA - Pre-release rescission of parole orders and licences
SECTION 19APC Commonwealth Parole Board may rescind parole order or licence before offender ' s release
(1)
The Commonwealth Parole Board may, by instrument in writing, rescind a parole order or licence for a person at any time during the person ' s relevant pre-release period if:
(a) the Commonwealth Parole Board is satisfied that:
(i) the person would pose a serious identifiable risk to the safety of the community if released; and
(ii) the risk cannot be sufficiently mitigated by directions from a community corrections officer or by changing the conditions of the parole order or licence; or
(b) the Commonwealth Parole Board is satisfied that:
(i) the person would pose a serious and immediate risk to the person ' s own safety if released; and
(ii) the risk cannot be sufficiently mitigated by directions from a community corrections officer or by changing the conditions of parole order or licence; or
(c) the person has requested the rescission of the parole order or licence; or
(d) the Commonwealth Parole Board is satisfied that there has been a substantial change in a matter considered by the Commonwealth Parole Board in making the parole order or licence.
(2)
In this section:relevant pre-release period
, in relation to a person, means the period:
(a) beginning on the day the parole order for the person was made or the licence was granted; and
(b) ending on the day of release that applies to the parole order or licence.
SECTION 19APD Commonwealth Parole Board must give notice of pre-release rescission of parole order or licence
(1)
This section applies if the Commonwealth Parole Board rescinds a parole order or licence in relation to a person under subsection 19APC(1) .
(2)
The Commonwealth Parole Board must, as soon as practicable:
(a) notify the person, in writing, of the rescission of the parole order or licence and the reasons for the rescission; and
(b) request that the person give the Commonwealth Parole Board, within 14 days of the notice, a written submission stating why the parole order or licence should not have been rescinded.
(3)
If the person does not make a written submission to the Commonwealth Parole Board within 14 days of receiving the notice under subsection (1) , the rescission of the parole order or licence remains in effect.
(4)
If the person makes a written submission to the Commonwealth Parole Board within 14 days of receiving the notice under subsection (1) , the Commonwealth Parole Board must decide as soon as practicable after receiving the submission whether:
(a) the rescission of the parole order or licence remains in effect; or
(b) the rescission of the parole order or licence ceases to be in effect.
(5)
The Commonwealth Parole Board must make a decision under subsection (4) on the basis of the submission and any other material the Commonwealth Parole Board considers relevant.
SECTION 19APE Effect of pre-release rescission of parole order or licence
(1)
If the rescission of a parole order or licence for a person remains in effect under subsection 19APD(3) , or the Commonwealth Parole Board decides that the rescission of a parole order or licence for a person remains in effect under paragraph 19APD(4)(a) , the Commonwealth Parole Board is taken to have decided on that day to have refused to make a parole order, or to grant licence, in relation to the person.
(2)
If the Commonwealth Parole Board decides that the rescission of the parole order or licence ceases to be in effect, the parole order or licence, as in effect before its rescission, continues in effect from the date of the decision, as if it had not been rescinded.
SECTION 19APF References to revocation do not include rescission
19APF
To avoid doubt, a reference in this Part to revoking a parole order or licence does not include a reference to rescinding a parole order or licence under section 19APC .
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