CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 5 - Conditional release on parole or licence  

Subdivision B - Revocation of parole order or license  

SECTION 19AX   Where person on parole or licence not notified of revocation  

(1)  
Where a prescribed authority before whom a person is brought under section 19AV because of an order revoking a parole order or licence is satisfied that the person so brought is the person named in that revocation order but is not satisfied that the person was notified by the Attorney-General of the proposal to make that revocation order, the prescribed authority must:


(a) immediately notify the Attorney-General that the person has been brought before that prescribed authority; and


(b) order that the person be detained in custody until the Attorney-General orders that the revocation order be rescinded or until the completion of proceedings under subsection 19AW(1) as applied by subsection (6) of this section.

(2)  
Where the Attorney-General is notified that a person has been brought before a particular prescribed authority, the Attorney-General must, as soon as practicable, notify the person, in writing, of the conditions of the parole order or licence alleged to have been breached and request that the person give him or her, within 14 days of notification of those reasons, a written submission stating why that parole order or licence should not have been revoked.

(3)  
If, within 14 days of a person receiving notification under subsection (2), the person fails to make a written submission to the Attorney-General, the Attorney-General must, as soon as practicable after the end of that period, notify the prescribed authority of a decision not to rescind the revocation order.

(4)  
If, within 14 days of notification under subsection (2), the person makes a written submission to the Attorney-General, the Attorney-General must decide, as soon as practicable after receiving that submission, and on the basis of that submission and any other material the Attorney-General considers to be relevant, whether or not to rescind the revocation order and must, as soon as practicable after so deciding, inform the prescribed authority and the person, in writing, of the decision.

(5)  
If the prescribed authority is notified of a decision to rescind the revocation order, the prescribed authority must immediately order the person to be released from prison.

(6)  
If the prescribed authority is notified of a decision not to rescind the revocation order made in respect of the person, subsection 19AW(1) applies to the person so as to authorise the issue of a warrant as if the prescribed authority had been satisfied of the matters referred to in paragraphs 19AW(1)(a) , (b) and (c) and subsections 19AW(3) , (4) , (5) and (6) apply to that person according to their terms.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.