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 19AQ   Parole order or licence revoked following further offence  

Revocation time

(1)    
If a person to whom a parole order relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or Territory offence (the new offence ) committed during the parole period, the court that sentences the person for the new offence must determine the time (the revocation time ) when the parole order is taken to have been revoked.

(2)    
If a person to whom a licence relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or Territory offence (the new offence ) committed during the licence period, the court that sentences the person for the new offence must determine the time (the revocation time ) when the licence is taken to have been revoked.

(3)    
A revocation time determined under subsection (1) or (2) must be one of the following times:

(a) the time at which the court determines the new offence was committed;

(b) the time at which the court determines the new offence was most likely to have been committed;

(c) the time at which the court determines the new offence was most likely to have first begun to have been committed.

Time person liable to serve

(4)    
If the parole order or licence relating to a person is taken to have been revoked under subsection (1) or (2), the person becomes liable to serve:

(a) that part of the sentence or of each sentence for a federal offence that the person had not served at the time of his or her release under that order or licence; or

(b) if the court considers it appropriate taking into account the good behaviour of the person during the period (the clean street period ) starting at the time the person was released under that order or licence and ending at the revocation time - the sentence or aggregate sentence that would be imposed under paragraph (a) reduced by the period that is the same as the clean street period.

Suspended sentences

(5)    
This section does not apply where the sentence or each sentence referred to in subsection (1) or (2) is a suspended sentence.