Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 5 - Conditional release on parole or licence  

Subdivision A - Release on parole or licence  

SECTION 19AP   Release on licence  

(1)    
Where a person is serving a federal sentence (whether or not a non-parole period has been fixed, or a recognizance release order made, in relation to that sentence), the Attorney-General may grant a licence under this subsection for the person to be released from prison.

(2)    
A person who is serving a federal sentence of imprisonment (whether or not a non-parole period has been fixed, or a recognizance release order made, in relation to that sentence), or another person acting on that person's behalf, may apply to the Attorney-General for a licence under this subsection for the first-mentioned person to be released from prison.

(3)    
An application under subsection (2) must:

(a) be in writing; and

(b) specify the exceptional circumstances relied on to justify the grant of the licence.

(4)    
The Attorney-General must not grant a licence under this section unless he or she is satisfied that exceptional circumstances exist which justify the grant of the licence.

(4A)    

Without limiting the matters to which the Attorney-General may have regard for the purposes of subsection (4), the Attorney-General may have regard to:

(a) any extensive cooperation by the person with law enforcement agencies before sentencing that the sentencing court did not take into account; or

(b) any extensive cooperation by the person with law enforcement agencies after sentencing; or

(c) any serious medical condition the person has that cannot adequately be treated or managed within the prison system.

(5)    
The Attorney-General is not required to consider an application under subsection (2) in respect of a person if an application has been made under that subsection in respect of that person within one year before the first-mentioned application.

(6)    
A licence in relation to a person:

(a) if the person is subject to a federal life sentence - must specify the day on which the licence period ends, being a day not earlier than 5 years after the person is released on licence; and

(b) specify whether or not the person is to be released subject to supervision; and

(c) if it is proposed that the supervision period for a person released on licence subject to supervision should end before the end of the person ' s licence period - specify the day on which the supervision period ends.

(7)    
A licence:

(a) is subject to the condition that the offender must, during the licence period, be of good behaviour and not violate any law; and

(b) if the licence specifies in accordance with subsection (6) that the person is to be released subject to supervision - is subject to the condition that the offender must, during the supervision period, be subject to the supervision of a person specified in the licence and obey all reasonable directions of that person; and

(c) is subject to such other conditions (if any) as the Attorney-General specifies in the licence.

(8)    
(Repealed by No 153 of 2015)

(9)    
(Repealed by No 153 of 2015)

(10)    
A licence directing that the offender be released from prison is sufficient authority for the release.