Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 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.

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


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