CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 5 - Conditional release on parole or licence  

Subdivision A - Release on parole or licence  

SECTION 19AL   Release on parole - making of parole order  

(1)  
The Attorney-General must, before the end of a non-parole period fixed for one or more federal sentences imposed on a person, either make, or refuse to make, an order directing that the person be released from prison on parole (a parole order ).

Note:

See subsection (5) if the person is subject to a State or Territory sentence.

(2)  
If the Attorney-General refuses to make a parole order for a person under subsection (1) or paragraph (b) of this subsection, the Attorney-General must:


(a) give the person a written notice, within 14 days after the refusal, that:


(i) informs the person of the refusal; and

(ii) includes a statement of reasons for the refusal; and

(iii) sets out the effect of paragraph (b) of this subsection; and


(b) reconsider the making of a parole order for the person and either make, or refuse to make, such an order, within 12 months after the refusal.

Note:

See subsection (5) if the person is subject to a State or Territory sentence.

(3)  
A parole order must:


(a) be in writing; and


(b) specify whether or not the person is to be released subject to supervision; and


(c) if it is proposed that the supervision period for a person released on parole subject to supervision should end before the end of the person ' s parole period - specify the day on which the supervision period ends.

Note 1:

For when a person is released on parole in accordance with a parole order, see section 19AM .

Note 2:

A person released on parole must comply with any conditions of the parole order during the parole period (see sections 19AMA , 19AN and 19AU ).

(3A)  


If the Attorney-General considers that in all the circumstances it is appropriate to do so, the Attorney-General may specify in a parole order that a person is to be released from prison on a day that is before the end of the non-parole period, but is not earlier than 30 days before the end of the non-parole period. Person subject to State or Territory sentence

(4)  


Subsections (5) and (6) apply if the person is subject to a State or Territory sentence.

(5)  
The Attorney-General is not required to make, or to refuse to make, a parole order under subsection (1) or paragraph (2)(b) if:


(a) the State or Territory sentence is a life sentence for which a non-parole period has not been fixed; or


(b) the State or Territory sentence ends after the end of the last of the federal sentences to end; or


(c) the non-parole period for the State or Territory sentence ends after the end of the federal non-parole period; or


(d) the State or Territory sentence ends after the end of the federal non-parole period.

(6)  
However, the Attorney-General must either make, or refuse to make, a parole order before:


(a) if paragraph (5)(c) applies (and paragraphs (5)(a) and (b) do not) - the end of the non-parole period for the State or Territory sentence; or


(b) if paragraph (5)(d) applies (and paragraphs (5)(a), (b) and (c) do not) - the person ' s expected release from prison for the State or Territory offence.

Note:

The effect of subsections (4) to (6) and subsection 19AM(2) is that a parole order may sometimes still be made for a person while the person is serving a State or Territory sentence, but the person will not be released in accordance with the parole order until the person is released from prison for the State or Territory sentence.




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