QLDIn ForceAct
Corrective Services Act 2006
sec.403Existing conditional release order
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### sec.403 Existing conditional release order
This section applies to a conditional release order for a prisoner made under previous section 76(3) before the commencement (the previous order ) if, immediately before the commencement, the previous order had not expired or had not been suspended or cancelled under previous section 80.
The previous order as in force immediately before the commencement—
continues in force according to its terms; and
is taken to be a conditional release order for the prisoner made under section 98(1).
Subsection (4) applies if, immediately before the commencement, the previous order was suspended or cancelled under previous section 80 and matters in relation to the suspension or cancellation had not been fully dealt with under the 2000 Act.
If the chief executive had not issued a warrant under previous section 80(2), the chief executive may issue a warrant under section 104(1).
If the chief executive had not given the relevant prisoner an information notice under previous section 80(5), the chief executive must give the prisoner an information notice under section 105(1).
Chapter 2, part 2, division 10, subdivision 3 of this Act applies in relation to the suspension or cancellation.
However, if, because of a suspension or cancellation made before the commencement, the chief executive intends to make another order for the conditional release of the prisoner, it must be made under this Act and not under previous section 76.
(sec.403-ssec.1) This section applies to a conditional release order for a prisoner made under previous section 76(3) before the commencement (the previous order ) if, immediately before the commencement, the previous order had not expired or had not been suspended or cancelled under previous section 80.
(sec.403-ssec.2) The previous order as in force immediately before the commencement— continues in force according to its terms; and is taken to be a conditional release order for the prisoner made under section 98(1).
(sec.403-ssec.3) Subsection (4) applies if, immediately before the commencement, the previous order was suspended or cancelled under previous section 80 and matters in relation to the suspension or cancellation had not been fully dealt with under the 2000 Act. If the chief executive had not issued a warrant under previous section 80(2), the chief executive may issue a warrant under section 104(1). If the chief executive had not given the relevant prisoner an information notice under previous section 80(5), the chief executive must give the prisoner an information notice under section 105(1).
(sec.403-ssec.4) Chapter 2, part 2, division 10, subdivision 3 of this Act applies in relation to the suspension or cancellation.
(sec.403-ssec.5) However, if, because of a suspension or cancellation made before the commencement, the chief executive intends to make another order for the conditional release of the prisoner, it must be made under this Act and not under previous section 76.
- (a) continues in force according to its terms; and
- (b) is taken to be a conditional release order for the prisoner made under section 98(1).
- 1 If the chief executive had not issued a warrant under previous section 80(2), the chief executive may issue a warrant under section 104(1).
- 2 If the chief executive had not given the relevant prisoner an information notice under previous section 80(5), the chief executive must give the prisoner an information notice under section 105(1).