Crimes Act 1914
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View history notePart IB (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 9, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1B - Sentencing, imprisonment and release of federal offenders
Subdiv B heading inserted by No 153 of 2015, s 3 and Sch 7 item 21, applicable to a decision under section 19AL made on or after 27 November 2015.
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: (a) that the person is the person named in that revocation order; and (b) that the person was notified by the Attorney-General of the proposal to make the revocation order; and (c) that the revocation order is still in force;
the prescribed authority must issue a warrant, in the prescribed form:
(d) authorising any constable to take the person to a specified prison in the State or Territory in which the person was arrested; and (e) directing that the person be detained in prison in that State or Territory to undergo imprisonment for the unserved part of the sentence, or of each sentence, of imprisonment (in this section called the outstanding sentence or sentences ) that the person was serving or had yet to serve at the time of his or her release; and (f) subject to subsections (3) and (3A) , fixing a non-parole period in respect of the outstanding sentence or sentences.S 19AW(1) amended by No 129 of 2021, s 3 and Sch 1 item 9, by substituting " subsections (3) and (3A) " for " subsection (3) " , effective 9 December 2021. For application provisions, see note under s 19AA .
(2)
If the prescribed authority cannot complete the hearing under subsection (1) immediately, the prescribed authority must issue a warrant for the remand of the person in custody pending completion of the hearing.
S 19AW(2) amended by No 70 of 2020, s 3 and Sch 13 item 18, by substituting " must issue a warrant " for " may issue a warrant " , applicable in relation to hearings begun on or after 20 July 2020 (whether the order revoking the relevant parole order or licence was made before, on or after 20 July 2020).
(3)
The prescribed authority is not required to fix a non-parole period under paragraph (1)(f) if: (a) the prescribed authority considers it inappropriate to do so because of the serious nature of the breach of the conditions of the order or licence that led to its revocation; or (b) the unserved part of the outstanding sentence or sentences is, or aggregates, 3 months or less.
S 19AW(3) amended by No 70 of 2020, s 3 and Sch 13 item 19, by substituting " serious nature " for " nature " in para (a), applicable in relation to hearings begun on or after 20 July 2020 (whether the order revoking the relevant parole order or licence was made before, on or after 20 July 2020).
(3A)
Before fixing a non-parole period under paragraph (1)(f) in respect of the outstanding sentence or sentences, the prescribed authority must have regard to the period of time spent by the person on parole or licence before the parole order or licence was revoked under subsection 19AU(1) .
S 19AW(3A) inserted by No 129 of 2021, s 3 and Sch 1 item 10, effective 9 December 2021. For application provisions, see note under s 19AA .
(4)
Where a prescribed authority issues a warrant, the prescribed authority must specify in the warrant the particulars of the unserved part of each outstanding sentence and, if a non-parole period is fixed, particulars of that period.
(5)
A non-parole period fixed under this section has effect as if it had been fixed by a court in respect of the outstanding sentence or sentences and section 19AL applies in relation to that non-parole period according to its terms.
[ CCH Note: S 19AW(5) will be amended by No 33 of 2026, s 3 and Sch 1 item 24, by substituting " sections 19AKB to 19AKE apply " for " section 19AL applies " , effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB .]
(6)
Where a person brought before a prescribed authority under section 19AV is dealt with in accordance with this section, the unserved part of any outstanding sentence or sentences that the person was serving or had yet to serve at the time of his or her release, is to be reduced by any period of remand under subsection (2) .
[ CCH Note: S 19AW will be amended by No 33 of 2026, s 3 and Sch 1 item 23, by substituting " Commonwealth Parole Board " for " Attorney-General " (wherever occurring), 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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