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CRIMES ACT 1914 - SECT 19AL

Release on parole--making of parole order

  (1)   The Attorney - General must, before the end of a non - parole period fixed for one or more federal sentences imposed on a person, either make, or refuse to make, an order directing that the person be released from prison on parole (a parole order ).

Note 1:   See subsection   (5) if the person is subject to a State or Territory sentence.

Note 2:   See also sections   19ALA (matters that may be considered in decisions about parole orders) and 19ALB (decisions about parole orders--terrorism and control orders).

  (1A)   If the Attorney - General does not, under subsection   (1), make, or refuse to make, a parole order for a person before the end of the non - parole period referred to in that subsection, the Attorney - General must, as soon as practicable after the end of that period, make, or refuse to make, a parole order for the person.

  (2)   If the Attorney - General refuses to make a parole order for a person under subsection   (1) or (1A), paragraph   (b) of this subsection, or subsection   (2A), (6) or (7), the Attorney - General must:

  (a)   give the person a written notice, within 14 days after the refusal, that:

  (i)   informs the person of the refusal; and

  (ii)   includes a statement of reasons for the refusal; and

  (iii)   sets out the effect of paragraph   (b) of this subsection; and

  (b)   reconsider the making of a parole order for the person and either make, or refuse to make, such an order, within 12 months after the refusal.

Note:   See subsection   (5) if the person is subject to a State or Territory sentence.

  (2A)   If the Attorney - General does not, under paragraph   (2)(b), reconsider the making of a parole order for a person and either make, or refuse to make, such an order before the end of the 12 month period referred to in that paragraph, the Attorney - General must, as soon as practicable after the end of that period, reconsider and either make, or refuse to make, a parole order for the person.

Contents of parole order

  (3)   A parole order must:

  (a)   be in writing; 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 parole subject to supervision should end before the end of the person's parole period--specify the day on which the supervision period ends.

Note 1:   For when a person is released on parole in accordance with a parole order, see section   19AM.

Note 2:   A person released on parole must comply with any conditions of the parole order during the parole period (see sections   19AMA, 19AN and 19AU).

  (3A)   If the Attorney - General considers that in all the circumstances it is appropriate to do so, the Attorney - General may specify in a parole order that a person is to be released from prison on a day that is before the end of the non - parole period, but is not earlier than 30 days before the end of the non - parole period.

Person subject to State or Territory sentence

  (4)   Subsections   (5) to (7) 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 (1A), paragraph   (2)(b) or subsection   (2A) 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.

  (7)   If the Attorney - General does not, in accordance with subsection   (6), make, or refuse to make, a parole order for a person before:

  (a)   the end of the period referred to in paragraph   (6)(a); or

  (b)   the date of the expected release referred to in paragraph   (6)(b);

the Attorney - General must, as soon as practicable after the end of that period or the date of that expected release, make, or refuse to make, a parole order for the person.

Note:   The effect of subsections   (4) to (7) 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.


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