Crimes Act 1914

[ CCH Note: No 24 of 2012, s 3 and Sch 7 item 12 also contains the following application provision:

12 Application of amendments  

…

Parole

(2)
The amendments made by items 2, 3, 4, 6 and 8 of this Schedule:

(a) apply in relation to a person for whom a non parole period has been fixed, whether the person is sentenced before, at or after the commencement; but

(b) do not apply in relation to a person if a parole order has been made for the person under section 19AL of the old law.

(3)
Paragraph 19AL(2)(b) of the amended law applies in accordance with subitem (2) in relation to a person for whom an order has been made under paragraph 19AL(2)(b) of the old law (directing that the person not be released on parole) as if the Attorney General had refused to make a parole order for the person at the commencement.

Note:

This means the Attorney-General will be required to reconsider making a parole order for the person within 12 months of the commencement.

…

[ CCH Note: S 19AL will be repealed by No 33 of 2026, s 3 and Sch 1 item 6, effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB .]

[ CCH Note: S 19AKB to 19AKF will be inserted by No 33 of 2026, s 3 and Sch 1 item 6, effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB . S 19AKB to 19AKF will read:

SECTION 19AKB Commonwealth Parole Board must make decisions about parole - basic rule  

(1)
The Commonwealth Parole Board must, before the end of the non-parole period fixed for a person in respect of one or more sentences for one or more federal offences:

(a) decide to make a parole order for the person; or

(b) refuse to make a parole order for the person; or

(c) defer deciding whether to make or refuse to make a parole order for the person until a day not later than 3 months after the end of the non-parole period.

Note 1:

Once the Commonwealth Parole Board decides to make a parole order, it must make the parole order under section 19AKD as soon as possible.

Note 2:

Section 19AKE sets out the arrangements for a person subject to a State or Territory sentence, section 19ALA deals with matters that may be considered in decisions about parole orders and section 19ALB deals with terrorism and control orders.

(2)
If the Commonwealth Parole Board does not make a decision under subsection (1) before the end of the non-parole period fixed for the person, the Commonwealth Parole Board must make a decision under that subsection as soon as practicable after the end of that period.

(3)
If a non-parole period has been fixed for a person in respect of more than one sentence, a reference in this section to the end of the non-parole period is a reference to the end of the last non-parole period.

SECTION 19AKC Reconsideration of whether to make a parole order - basic rule  

(1)
If the Commonwealth Parole Board refuses to make a parole order for a person, the Commonwealth Parole Board must reconsider whether to make a parole order for the person before the end of the reconsideration period for the refusal, and must:

(a) decide to make a parole order for the person; or

(b) refuse to make a parole order for the person; or

(c) defer deciding whether to make or refuse to make a parole order for the person until a day not later than 3 months after the end of the reconsideration period for the refusal.

Note 1:

Once the Commonwealth Parole Board decides to make a parole order, it must make the parole order under section 19AKD as soon as possible.

Note 2:

Section 19AKE sets out the arrangements for a person subject to a State or Territory sentence, section 19ALA deals with matters that may be considered in decisions about parole orders and section 19ALB deals with terrorism and control orders.

(2)
Despite subsection (1), the Commonwealth Parole Board is not required to reconsider whether to make a parole order for a person if, at the end of the period of 12 months beginning on the day of the refusal, the person does not have 30 days or more remaining on any of the sentences to which the parole order would relate.

(3)
If the Commonwealth Parole Board does not make a decision under subsection (1) before the end of the reconsideration period, the Commonwealth Parole Board must make a decision under that subsection as soon as practicable after the end of that period.

(4)
The reconsideration period , for a refusal to make a parole order for a person, is:

(a) the period of 12 months beginning on the day of the refusal; or

(b) if the Commonwealth Parole Board considers it appropriate, a period of more than 12 months, but not more than 24 months, beginning on the day of the refusal.

SECTION 19AKD Power to make a parole order  
Parole order to be made as soon as possible

(1)
If the Commonwealth Parole Board decides to make a parole order for a person, the Commonwealth Parole Board must make a parole order for the person under this subsection as soon as possible after making the decision.

Contents of parole order

(2)
A parole order for a person made under subsection (1) must:

(a) be in writing; and

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

(c) if the person is released on parole subject to supervision, and it is proposed that the 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 ).

(3)
If the Commonwealth Parole Board considers that in all the circumstances it is appropriate to do so, the Commonwealth Parole Board 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 for the person, but is not earlier than 30 days before the end of that period.

SECTION 19AKE State or Territory sentences - Commonwealth Parole Board not required to decide on parole in certain circumstances  
Commonwealth Parole Board is not required to decide on parole if person subject to State or Territory sentence

(1)
This section applies if:

(a) a person is subject to one or more State or Territory sentences as well as a federal sentence; and

(b) the person is first eligible for release in relation to the last of the State or Territory sentences after the end of the non-parole period for the federal sentence.

(2)
The Commonwealth Parole Board is not required to decide whether to make, refuse to make, or defer making a parole order for the person at any time before the day on which the person is first eligible for release in relation to the last of the State or Territory sentences.

(3)
A person is eligible for release in relation to a State or Territory sentence on the earlier of the following days:

(a) the day on which the State or Territory sentence ends;

(b) the day on which the non-parole period for the State or Territory sentence ends.

Life sentence for which a non-parole period not fixed

(4)
The Commonwealth Parole Board is not required to decide whether to make, refuse to make, or defer making a parole order for a person who is subject to a State or Territory sentence that is a life sentence for which a non-parole period has not been fixed.

Note:

The effect of this section 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.

SECTION 19AKF Notice of certain decisions  
Notice of refusal

(1)
If the Commonwealth Parole Board refuses to make a parole order for a person, the Commonwealth Parole Board must give the person a written notice, within 14 days after the refusal, that:

(a) informs the person of the refusal; and

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

(c) sets out the effect of section 19AKC (reconsideration).

Notice of deferral

(2)
If the Commonwealth Parole Board defers deciding whether to make or refuse to make a parole order for a person, the Commonwealth Parole Board must, within 14 days after the deferral, give a notice to the person stating:

(a) that the Commonwealth Parole Board has decided to defer deciding whether to make or refuse to make a parole order for the person; and

(b) the reasons for the deferral; and

(c) the date by which the Commonwealth Parole Board must decide whether to make, or refuse to make, a parole order for the person.

No 33 of 2026, s 3 and Sch 2 items 1 - 7 contains the following transitional provisions:

1 Application provision - general rule  
1
Subject to this Schedule:

(a) the Commonwealth Parole Board Act 2026 and the amended Act apply on and after commencement in relation to a sentence, order, licence, notice, application or any other thing decided or done, whether before, on or after commencement; and

(b) anything that would have been required to be done by or in relation to the Attorney-General in relation to the sentence, order, licence, notice, application or other thing, but for the amendments made by this Act, may be done by or in relation to the Commonwealth Parole Board.

2 Saving of current parole orders  

(1)
Despite the repeal of section 19AL of the old Act, a parole order (the existing parole order ) made under that section before commencement continues in operation, on and after commencement, as if it were a parole order within the meaning of the amended Act that is subject to the same conditions as the existing parole order.

(2)
To avoid doubt, a licence (the existing licence ) granted under subsection 19AP(1) before commencement continues in operation, on and after commencement, as if it were a licence within the meaning of the amended Act that is subject to the same conditions as the existing licence.

3 Transitional - notices under section 19AL of the Crimes Act 1914  

(1)
This item applies if:

(a) before commencement, the Attorney-General refused to make a parole order for a person under the old Act; and

(b) immediately before commencement, the Attorney-General had not yet given a notice to the person under subsection 19AL of the old Act.

(2)
The Commonwealth Parole Board must give a notice to the person under section 19AKF of the amended Act within the period of 14 days after the refusal under the old Act.

4 Transitional - judicial review  

(1)
This item applies if, immediately before commencement, a person was entitled to make an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under Part IB of the old Act.

(2)
Despite the repeal of the old Act, the person may, after the transition time and subject to the Administrative Decisions (Judicial Review) Act 1977 , apply for an order of review in respect of that matter.

5 Transitional - information sharing  
5
For the purposes of the Commonwealth Parole Board Act 2026 and the amended Act:

(a) a reference in the definition of Parole Board information in section 7 of the Commonwealth Parole Board Act 2026 to information acquired by a person in the exercise of a power, or the performance of a function or duty includes information acquired before, on or after commencement; and

(b) a reference in the definition of federal offender information in section 20BZB of the amended Act to information acquired by a person in the exercise of a power, or the performance of a function or duty includes information acquired before, on or after commencement.

6 Transitional rules  

(1)
The Minister may, by legislative instrument, make rules prescribing matters:

(a) required or permitted by this Act to be prescribed by the rules; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)
Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:

(a) the amendments or repeals made by this Act; or

(b) the enactment of the Commonwealth Parole Board Act 2026 .

(3)
To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund;

(e) directly amend the text of this Act or the new Act.

(4)
This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).

7 Definitions  
7
In this Schedule:

amended Act
means the Crimes Act 1914 as in force on and after commencement.

commencement
means the commencement of this Schedule.

old Act
means the Crimes Act 1914 as in force before commencement.