Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019 (119 of 2019)

Schedule 1   Restrictions on bail and parole

Part 1   Amendments

Crimes Act 1914

16   After section 19ALA

Insert:

19ALB Decisions about parole orders - terrorism and control orders

(1) Despite any law of the Commonwealth, the Attorney-General must not make a parole order in relation to a person covered by subsection (2) unless the Attorney-General is satisfied that exceptional circumstances exist to justify making a parole order.

(2) This subsection covers the following persons:

(a) a person who has been convicted of a terrorism offence, including a person currently serving a sentence for a terrorism offence;

(b) a person who is subject to a control order within the meaning of Part 5.3 of the Criminal Code (terrorism);

(c) a person who the Attorney-General is satisfied has made statements or carried out activities supporting, or advocating support for, terrorist acts within the meaning of that Part.

Determining exceptional circumstances in relation to persons under 18 years of age

(3) In determining whether exceptional circumstances exist to justify making a parole order in relation to a person who is under 18 years of age, without limiting the matters the Attorney-General may have regard to,the Attorney-General must have regard to:

(a) the protection of the community as the paramount consideration; and

(b) the best interests of the person as a primary consideration.