Crimes Act 1914
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Hide history noteDespite any law of the Commonwealth, the Attorney-General must not make a parole order in relation to a person covered by subsection (2) unless the Attorney-General is satisfied that exceptional circumstances exist to justify making a parole order.
[ CCH Note: S 19ALB(1) will be substituted by No 33 of 2026, s 3 and Sch 1 item 9, effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB . S 19ALB(1) will read:
]
(1)
Despite any law of the Commonwealth, the Commonwealth Parole Board must not decide to make a parole order in relation to a person covered by subsection (2) unless the Commonwealth Parole Board is satisfied that exceptional circumstances exist to justify deciding to make a parole order.
(2)
This subsection covers the following persons: (a) a person who has been convicted of a terrorism offence, including a person currently serving a sentence for a terrorism offence; (b) a person who is subject to a control order within the meaning of Part 5.3 of the Criminal Code (terrorism); (c) a person who the Attorney-General is satisfied has made statements or carried out activities supporting, or advocating support for, terrorist acts within the meaning of that Part.
[ CCH Note: S 19ALB(2) will be amended by No 33 of 2026, s 3 and Sch 1 item 10, by substituting " Commonwealth Parole Board " for " Attorney-General " in para (c), effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB .]
Determining exceptional circumstances in relation to persons under 18 years of age
(3)
In determining whether exceptional circumstances exist to justify making a parole order in relation to a person who is under 18 years of age, without limiting the matters the Attorney-General may have regard to, the Attorney-General must have regard to: (a) the protection of the community as the paramount consideration; and (b) the best interests of the person as a primary consideration.
[ CCH Note: S 19ALB(3) will be amended by No 33 of 2026, s 3 and Sch 1 item 11, by substituting " deciding to make a parole order in relation to a person who is under 18 years of age, without limiting the matters the Commonwealth Parole Board may have regard to, the Commonwealth Parole Board " for " making a parole order in relation to a person who is under 18 years of age, without limiting the matters the Attorney-General may have regard to, the Attorney-General " , effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB .]
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