Crimes Act 1914

Part 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 A heading inserted by No 153 of 2015, s 3 and Sch 7 item 19, applicable to a decision under section 19AL made on or after 27 November 2015.

S 19AL(1) amended by No 119 of 2019, s 3 and Sch 1 items 14 and 15, by substituting " Note 1 " for " Note " in the note and inserting note 2, applicable in relation to a decision in relation to bail or parole made on or after 12 December 2019 (whether the decision applies to a person because of an offence, control order or action committed, made or undertaken before, on or after 12 December 2019).

S 19AL(1) amended by No 153 of 2015, s 3 and Sch 7 item 26, by substituting note 1 to 3, applicable in relation to a federal sentence if the non-parole period for the sentence ends on or after 27 November 2015, whether the sentence was passed before, on or after 27 November 2015. For savings provision, see note under s 19AL(6) . Note 1 to 3 formerly read:

Note 1:

For when a person is released on parole in accordance with a parole order, see section 19AM .

Note 2:

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

Note 3:

Subsection (4) of this section affects the operation of subsection (1) if the person will be serving a State or Territory sentence at the end of the non-parole period.

S 19AL(1A) inserted by No 98 of 2023, s 3 and Sch 1 item 2, applicable in relation to a non-parole period fixed before, on or after 28 November 2023, whether or not that non-parole period ended before 28 November 2023.

S 19AL(2) amended by No 98 of 2023, s 3 and Sch 1 item 3, by substituting " subsection (1) or (1A), paragraph (b) of this subsection, or subsection (2A), (6) or (7) " for " subsection (1) or paragraph (b) of this subsection " , applicable in relation to a non-parole period fixed before, on or after 28 November 2023, whether or not that non-parole period ended before 28 November 2023.

S 19AL(2) amended by No 153 of 2015, s 3 and Sch 7 item 27, by inserting the note, applicable in relation to a federal sentence if the non-parole period for the sentence ends on or after 27 November 2015, whether the sentence was passed before, on or after 27 November 2015. For savings provision, see note under s 19AL(6) .

S 19AL(2A) inserted by No 98 of 2023, s 3 and Sch 1 item 4, applicable in relation to a non-parole period fixed before, on or after 28 November 2023, whether or not that non-parole period ended before 28 November 2023.

S 19AL(3) amended by No 153 of 2015, s 3 and Sch 7 item 28, by inserting note 1 and 2, applicable in relation to a federal sentence if the non-parole period for the sentence ends on or after 27 November 2015, whether the sentence was passed before, on or after 27 November 2015. For savings provision, see note under s 19AL(6) .

S 19AL(3A) inserted by No 153 of 2015, s 3 and Sch 7 item 32, applicable to a parole order made on or after 27 November 2015.

S 19AL(4) amended by No 98 of 2023, s 3 and Sch 1 item 5, by substituting " to (7) " for " and (6) " , applicable in relation to a non-parole period fixed before, on or after 28 November 2023, whether or not that non-parole period ended before 28 November 2023.

S 19AL(4) substituted by No 153 of 2015, s 3 and Sch 7 item 29, applicable in relation to a federal sentence if the non-parole period for the sentence ends on or after 27 November 2015, whether the sentence was passed before, on or after 27 November 2015. For savings provision, see note under s 19AL(6) . S 19AL(4) formerly read:

19AL(4)
Despite subsection (1), if the person will be serving a State or Territory sentence on the day after the end of the non-parole period, the requirement under that subsection to make, or refuse to make, a parole order does not apply:

(a) for a federal sentence, or federal sentences, that do not include a life sentence - if the parole period would end while the person would still be imprisoned for the State or Territory offence; and

(b) for a federal sentence, or federal sentences, that include a life sentence - until the release of the person from prison for the State or Territory offence (but a decision may be made under that subsection at any time during the 3 month period before the person ' s expected release); and

(c) in any case - if the State or Territory sentence is a life sentence for which a non parole period has not been fixed.

Note:

The effect of this subsection and subsection 19AM(2) is that a parole order may sometimes still be made for a person while the person is serving a State or Territory sentence, but the person will not be released in accordance with the parole order until the person is released from prison for the State or Territory sentence.

S 19AL(5) amended by No 98 of 2023, s 3 and Sch 1 item 6, by substituting " subsection (1) or (1A), paragraph (2)(b) or subsection (2A) " for " subsection (1) or paragraph (2)(b) " , applicable in relation to a non-parole period fixed before, on or after 28 November 2023, whether or not that non-parole period ended before 28 November 2023.

S 19AL(5) inserted by No 153 of 2015, s 3 and Sch 7 item 29, applicable in relation to a federal sentence if the non-parole period for the sentence ends on or after 27 November 2015, whether the sentence was passed before, on or after 27 November 2015. For savings provision, see note under s 19AL(6) .

S 19AL(6) amended by No 98 of 2023, s 3 and Sch 1 item 8, by substituting " (7) " for " (6) " in the note, applicable in relation to a non-parole period fixed before, on or after 28 November 2023, whether or not that non-parole period ended before 28 November 2023.

S 19AL(6) inserted by No 153 of 2015, s 3 and Sch 7 item 29, applicable in relation to a federal sentence if the non-parole period for the sentence ends on or after 27 November 2015, whether the sentence was passed before, on or after 27 November 2015. No 153 of 2015, s 3 and Sch 7 item 31 contains the following savings provision:

31 Savings provision  
(1)
A parole order:

(a) made under section 19AL of the Crimes Act 1914 ; and

(b) in force just before the commencement of this item;

has effect, from that commencement, as if it had been made under that section as amended by this Part.

(2)
A decision:

(a) made by the Attorney-General under section 19AL of the Crimes Act 1914 before the commencement of this item; and

(b) not revoked before that commencement;

has effect, from that commencement, as if it had been made under that section as amended by this Part.

S 19AL(7) inserted by No 98 of 2023, s 3 and Sch 1 item 7, applicable in relation to a non-parole period fixed before, on or after 28 November 2023, whether or not that non-parole period ended before 28 November 2023.

S 19AL substituted by No 24 of 2012, s 3 and Sch 7 item 6, applicable in relation to a person for whom a non-parole period has been fixed, whether the person is sentenced before, at or after 4 October 2012; but do not apply in relation to a person if a parole order has been made for the person under section 19AL of the old law. S 19AL formerly read:

SECTION 19AL Release on parole  
19AL(1)
Subject to section 19AM , where there has been imposed on a person a federal sentence of, or federal sentences aggregating, more than 3 years but less than 10 years and a non-parole period has been fixed in relation to the sentence or sentences, the Attorney-General must, by order in writing, direct that the person be released from prison on parole:

(a) at the end of the non-parole period; or

(b) if the Attorney-General considers that in all the circumstances it would be appropriate to do so, on a specified day, not being earlier than 30 days before the end of the non-parole period.

19AL(2)
Subject to section 19AM , where there has been imposed on a person a federal life sentence or a federal sentence of, or federal sentences aggregating, 10 years or more and a non-parole period has been fixed in relation to the person in respect of the sentence or sentences, the Attorney-General must, by order in writing:

(a) direct that the person be released from prison on parole:

(i) at the end of the non-parole period; or

(ii) if the Attorney-General considers that in all the circumstances it would be appropriate to do so, on a specified day, not being earlier than 30 days before the end of the non-parole period; or

(b) direct that the person is not to be released on parole at, or at any time before, the end of the non-parole period.

19AL(3)
An order directing that a person not be released at, or at any time before, the end of the non-parole period:

(a) must not be made later than 3 months before the end of the non-parole period; and

(b) must include a statement of reasons why the order was made; and

(c) if the Attorney-General proposes to reconsider, at a later time, the question of the release of the person on parole - must indicate when the Attorney-General proposes to reconsider the question;

and a copy of the order must be given to the person within 14 days after it was made.

19AL(4)
A parole order in relation to a federal sentence:

(a) if the sentence is imprisonment for life in respect of that federal offence or any of those federal offences - must specify the day on which the parole period ends, being a day not earlier than 5 years after the person is released on parole; and

(b) if it is proposed that, for any part of the parole period, the person should be subject to supervision - must specify the day on which the supervision period ends, being a day fixed in accordance with the requirements of the definition of supervision period in subsection 16(1) .

19AL(5)
A parole order directing that a person be released from prison is sufficient authority for the release if, and only if, the person indicates, in writing, his or her acceptance of the conditions to which the order is subject by certifying to that effect either on the original parole order or on a copy of that order.