Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders

View history note

Division 5 - Conditional release on parole or licence

Subdivision B - Revocation of parole order or license

View history reference

View history note

SECTION 19AQ Parole order or licence revoked following further offence

View history reference

Revocation time

(1)
If a person to whom a parole order relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or Territory offence (the new offence ) committed during the parole period, the court that sentences the person for the new offence must determine the time (the revocation time ) when the parole order is taken to have been revoked.

(2)
If a person to whom a licence relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or Territory offence (the new offence ) committed during the licence period, the court that sentences the person for the new offence must determine the time (the revocation time ) when the licence is taken to have been revoked.

(3)
A revocation time determined under subsection (1) or (2) must be one of the following times:

(a) the time at which the court determines the new offence was committed;

(b) the time at which the court determines the new offence was most likely to have been committed;

(c) the time at which the court determines the new offence was most likely to have first begun to have been committed.

Time person liable to serve

(4)
If the parole order or licence relating to a person is taken to have been revoked under subsection (1) or (2), the person becomes liable to serve:

(a) that part of the sentence or of each sentence for a federal offence that the person had not served at the time of his or her release under that order or licence; or

(b) if the court considers it appropriate taking into account the good behaviour of the person during the period (the clean street period ) starting at the time the person was released under that order or licence and ending at the revocation time - the sentence or aggregate sentence that would be imposed under paragraph (a) reduced by the period that is the same as the clean street period.

Suspended sentences

(5)
This section does not apply where the sentence or each sentence referred to in subsection (1) or (2) is a suspended sentence.

View history note

History

S 19AQ substituted by No 70 of 2020, s 3 and Sch 13 item 5, applicable in relation to the revocation, on or after 20 July 2020, of a parole order or licence relating to a sentence that was imposed on a person (whether the sentence was imposed before, on or after 20 July 2020). S 19AQ formerly read:

SECTION 19AQ When parole order or licence automatically revoked
(1)
Where a person to whom a parole order relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or Territory offence committed during the parole period, the parole order is to be taken to have been revoked upon the imposition of the sentence or sentences.

(2)
If, at the time of imposition of the sentence or sentences, the federal parole period has already ended, the parole order is to be taken to have been revoked as from the time immediately before the end of the parole period.

(3)
Where a person to whom a licence relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or Territory offence committed during the licence period, the licence is to be taken to have been revoked upon the imposition of the sentence or sentences.

(4)
If, at the time of imposition of the sentence or sentences, the licence period has already ended, the licence is to be taken to have been revoked as from the time immediately before the end of the licence period.

(5)
Where the parole order or licence relating to a person is revoked under subsection (1) or (3), the person becomes liable to serve that part of the sentence or each sentence for a federal offence that the person had not served at the time of his or her release under that order or licence, subject to the operation of subsection 19AA(2) and subject (except in the case of a life sentence) to any further remission or reduction of that sentence.

(6)
This section does not apply where the sentence or each sentence referred to in subsection (1) or (3) is a suspended sentence.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.