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 19AW   Where person on parole or licence notified of revocation  

(1)    
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.

(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.

(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.

(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must have regard to the period of time spent by the person on parole or licence before the parole order or licence was revoked under subsection 19AU(1) .

(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.

(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) .