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

Schedule 7   Sentencing and parole

Part 9   Amendments of parole orders and licences

Crimes Act 1914

38   After section 19AP

Insert:

19APA Amendment of parole orders and licences

Amendment of conditions

(1) The Attorney-General may, at any time before the end of:

(a) a parole period for a person for whom a parole order has been made; or

(b) a licence period for a person who is released on licence for a federal sentence;

by order in writing, amend the parole order or licence by doing any or all of the following:

(c) imposing additional conditions on the parole order or licence;

(d) varying or revoking a condition of the parole order or licence specified under paragraph 19AN(1)(c) or 19AP(7)(c) or imposed under paragraph (a);

(e) if the supervision period has not ended - changing the day on which the supervision period ends.

Amendments to rectify errors etc.

(2) If a parole order or licence:

(a) contains an error of a technical nature; or

(b) has a defect of form; or

(c) contains an ambiguity;

the Attorney-General may, at any time, by order in writing, amend the parole order or licence to rectify the error, defect or ambiguity.

Note: For paragraph (a), the following are examples of errors of a technical nature: a clerical mistake, an accidental slip or omission, a material miscalculation of figures or a material mistake in the description of a person, thing or matter.

When amendments take effect

(3) An amendment of a parole order or licence under subsection (1) takes effect when notice in writing of the amendment is given to the offender.

(4) An amendment of a parole order or licence under subsection (2) is taken to have had effect from the date of effect of the parole order or licence.