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 19AM   Release on parole - when is a person released  

(1)  
A person must be released from prison on parole in accordance with a parole order on whichever of the following days is applicable (subject to subsections (2) and (3) and 19AZD(2)):


(a) for a parole order made before the end of the non-parole period - the earlier of the following days:


(i) the last day of the non-parole period;

(ii) an earlier day (if any) specified in the parole order under subsection 19AL(3A) ;


(b) for a parole order made after the end of the non-parole period - the later of the following days:


(i) the day after the parole order is made;

(ii) a later day (if any) specified in the parole order for the purposes of this subparagraph (not being later than 30 days after the order is made).
Note 1:

Subsection (2) of this section provides a different release day if the person is imprisoned for a State or Territory offence on the release day that would otherwise apply under this subsection.

Note 2:

Subsection (3) requires the person to certify his or her acceptance of the parole order conditions before he or she may be released.

Note 3:

Subsection 19AZD(2) may allow a person to be released slightly earlier than the day that would otherwise apply under this subsection (for example if the release day would otherwise fall on a weekend or public holiday).

(2)  
However, if the person is imprisoned for a State or Territory offence on the day he or she would otherwise be eligible for release under subsection (1), the person must be released from prison on parole in accordance with the parole order on the same day he or she is released from prison (including on parole) for the State or Territory offence.

(3)  
Despite subsections (1) and (2), the person must not be released from prison on parole in accordance with the parole order unless, before, on or after the release day provided by subsection (1) or (2), the person certifies on the parole order (or a copy of the order) that he or she accepts the conditions to which the order is subject.

Note:

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




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