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 19AP   Release on licence  

(1)  
Where a person is serving a federal sentence (whether or not a non-parole period has been fixed, or a recognizance release order made, in relation to that sentence), the Attorney-General may grant a licence under this subsection for the person to be released from prison.

(2)  
A person who is serving a federal sentence of imprisonment (whether or not a non-parole period has been fixed, or a recognizance release order made, in relation to that sentence), or another person acting on that person's behalf, may apply to the Attorney-General for a licence under this subsection for the first-mentioned person to be released from prison.

(3)  
An application under subsection (2) must:


(a) be in writing; and


(b) specify the exceptional circumstances relied on to justify the grant of the licence.

(4)  
The Attorney-General must not grant a licence under this section unless he or she is satisfied that exceptional circumstances exist which justify the grant of the licence.

(4A)  


Without limiting the matters to which the Attorney-General may have regard for the purposes of subsection (4), the Attorney-General may have regard to:


(a) any extensive cooperation by the person with law enforcement agencies before sentencing that the sentencing court did not take into account; or


(b) any extensive cooperation by the person with law enforcement agencies after sentencing; or


(c) any serious medical condition the person has that cannot adequately be treated or managed within the prison system.

(5)  
The Attorney-General is not required to consider an application under subsection (2) in respect of a person if an application has been made under that subsection in respect of that person within one year before the first-mentioned application.

(6)  
A licence in relation to a person:


(a) if the person is subject to a federal life sentence - must specify the day on which the licence period ends, being a day not earlier than 5 years after the person is released on licence; 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 licence subject to supervision should end before the end of the person ' s licence period - specify the day on which the supervision period ends.

(7)  
A licence:


(a) is subject to the condition that the offender must, during the licence period, be of good behaviour and not violate any law; and


(b) if the licence specifies in accordance with subsection (6) that the person is to be released subject to supervision - is subject to the condition that the offender must, during the supervision period, be subject to the supervision of a person specified in the licence and obey all reasonable directions of that person; and


(c) is subject to such other conditions (if any) as the Attorney-General specifies in the licence.

(8)  
(Repealed by No 153 of 2015)

(9)  
(Repealed by No 153 of 2015)

(10)  
A licence directing that the offender be released from prison is sufficient authority for the release.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.