Part IB
-
Sentencing, imprisonment and release of federal offenders
History
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
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Sentencing, imprisonment and release of federal offenders
Division 5
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Conditional release on parole or licence
Subdivision A
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Release on parole or licence
History
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.
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).
History
S 19AM(1) amended by No 153 of 2015, s 3 and Sch 7 item 33, by substituting
"
under subsection 19AL(3A)
"
for
"
for the purposes of this subparagraph (not being earlier than 30 days before the end of the non-parole period)
"
in para (a)(ii), applicable to a parole order made on or after 27 November 2015.
(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
).
History
S 19AM 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 19AM formerly read:
SECTION 19AM Person not to be released on parole if still serving State or Territory sentence
19AM(1)
Where:
(a)
at the time when a federal non-parole period (not being in respect of a life sentence) ends, the offender is serving, or is to serve, a State or Territory sentence (other than a life sentence for which a non-parole period has not been fixed); and
(b)
if a federal parole order were made at that time, the parole period would end while the offender would still be imprisoned in respect of the State or Territory offence;
the parole order must not be made.
19AM(2)
Where:
(a)
at the time when a federal non-parole period (not being in respect of a life sentence) ends, the offender is serving, or is to serve, a State or Territory sentence (other than a life sentence for which a non-parole period has not been fixed); and
(b)
if a federal parole order were made at that time, the parole period would end after the offender was released, or released on parole, in respect of the State or Territory offence;
the Attorney-General must make the parole order, but it does not take effect before the offender is eligible to be so released.
19AM(3)
Where, at the time when a federal non-parole period in respect of a life sentence, or sentences that include a life sentence, ends, the offender is serving, or is to serve, a State or Territory sentence (other than a life sentence for which a non-parole period has not been fixed), the Attorney-General must not make a parole order such that the parole period would end while the offender would still be imprisoned in respect of the State or Territory offence.
19AM(4)
Where, at the time when a federal non-parole period ends, the offender is serving, or is to serve, a State or Territory life sentence for which a non-parole period has not been fixed, a federal parole order must not be made.
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