Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 (153 of 2015)

Schedule 7   Sentencing and parole

Part 7   Effect of State and Territory sentences on making of parole orders

Crimes Act 1914

29   Subsection 19AL(4)

Repeal the subsection, substitute:

Person subject to State or Territory sentence

(4) Subsections (5) and (6) apply if the person is subject to a State or Territory sentence.

(5) The Attorney-General is not required to make, or to refuse to make, a parole order under subsection (1) or paragraph (2)(b) if:

(a) the State or Territory sentence is a life sentence for which a non-parole period has not been fixed; or

(b) the State or Territory sentence ends after the end of the last of the federal sentences to end; or

(c) the non-parole period for the State or Territory sentence ends after the end of the federal non-parole period; or

(d) the State or Territory sentence ends after the end of the federal non-parole period.

(6) However, the Attorney-General must either make, or refuse to make, a parole order before:

(a) if paragraph (5)(c) applies (and paragraphs (5)(a) and (b) do not) - the end of the non-parole period for the State or Territory sentence; or

(b) if paragraph (5)(d) applies (and paragraphs (5)(a), (b) and (c) do not) - the person's expected release from prison for the State or Territory offence.

Note: The effect of subsections (4) to (6) 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.