(b) must not be such as to allow the person to be released earlier than would have been the case if the further sentence had not been imposed.
(4) Where, under paragraph (2)(f), the court fixes a single non‑parole period, it:
(a) is to be treated as having superseded the existing recognizance release order; and
(b) must not be such as to allow the person to be released on parole earlier than he or she would have been released if the further sentence had not been imposed.
(5) Where, under paragraph (2)(g), the court declines to make a new recognizance release order, the court must:
(a) state its reasons for deciding that neither a recognizance release order nor a non‑parole period is appropriate; and
(b) cause the reasons to be entered in the records of the court.
19AF Non‑parole period or pre‑release periods not to exceed sentence
(1) Where a court is required to fix a non‑parole period or make a recognizance release order in respect of a federal sentence or sentences, the court must fix a non‑parole period that ends, or make a recognizance release order such that the pre‑release period ends, not later than the end of the sentence, or of the last to be served of the sentences.
(2) This section does not restrict the length of the non‑parole period or the pre‑release period in respect of a life sentence or sentences that include such a sentence.
19AG Non‑parole periods for sentences for certain offences
(1) This section applies if a person is convicted of one of the following offences (each of which is a minimum non‑parole offence) and a court imposes a sentence for the offence:
(b) a terrorism offence;
(c) an offence against Division 80 (other than Subdivision CA) of the Criminal Code;
(d) an offence against subsection 91.1(1) or 91.2(1) of the Criminal Code.
Note: A sentence for a minimum non‑parole offence is a federal sentence, because such an offence is a federal offence.
(2) The court must fix a single non‑parole period of at least 3/4 of:
(a) the sentence for the minimum non‑parole offence; or
(b) if 2 or more sentences have been imposed on the person for minimum non‑parole offences—the aggregate of those sentences.
The non‑parole period is in respect of all federal sentences the person is to serve or complete.
(3) For the purposes of subsection (2):
(a) a sentence of imprisonment for life for a minimum non‑parole offence is taken to be a sentence of imprisonment for 30 years for the offence; and
(b) it does not matter:
(i) whether or not the sentences mentioned in that subsection were imposed at the same sitting; or
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(ii) whether or not the convictions giving rise to those sentences were at the same sitting; or
(iii) whether or not all the federal sentences mentioned in that subsection are for minimum non‑parole offences.
(4) If the person was subject to a recognizance release order, the non‑parole period supersedes the order.
Fixing non‑parole periods for persons under 18 years of age
(4A) In imposing a sentence for an offence covered by this section on a person who is under 18 years of age, the court must comply with subsection (2) unless the court is satisfied that exceptional circumstances exist to justify fixing a shorter single non‑parole period.
(4B) In determining whether exceptional circumstances exist to justify fixing a shorter single non‑parole period in relation to the person, without limiting the matters the court may have regard to, the court must have regard to:
(a) the protection of the community as the paramount consideration; and
(b) the best interests of the person as a primary consideration.
Relationship with sections 19AB, 19AC, 19AD, 19AE and 19AR
(5) Sections 19AB, 19AC, 19AD, 19AE and 19AR have effect subject to this section.
Note: The effects of this include preventing a court from:
(b) confirming (under paragraph 19AD(2)(d)) a pre‑existing non‑parole period; or
(c) confirming (under paragraph 19AE(2)(d)) a recognizance release order; or
(ca) making a recognizance release order under paragraph 19AE(2)(e); or
(d) declining (under subsection 19AB(3) or 19AC(1) or (2) or paragraph 19AD(2)(f)) to fix a non‑parole period.
19AH Failure to fix non‑parole period or make recognizance release order
(1) Where a court fails to fix, or properly to fix, a non‑parole period, or to make, or properly to make, a recognizance release order, under this Act:
(a) that failure does not affect the validity of any sentence imposed on a person; and
(b) the court must, at any time, on application by the Attorney‑General, the Director of Public Prosecutions or the person, by order, set aside any non‑parole period or recognizance release order that was not properly fixed or made and fix a non‑parole period or make a recognizance release order under this Act.
(2) A court shall not, for the purposes of subsection (1), be taken to have failed to fix a non‑parole period in respect of a sentence or sentences in respect of which it has made a recognizance release order or to have failed to make a recognizance release order in respect of a sentence or sentences in respect of which it has fixed a non‑parole period.
(3) Application under subsection (1) to the court that has sentenced a person may be dealt with by that court whether or not it is constituted in the way in which it was constituted when the person was sentenced.
19AHA Rectification of errors etc. in sentences, non‑parole periods and recognizance release orders
(1) This section applies if a sentencing order made by a court under this Part in relation to a person:
(a) reflects an error of a technical nature made by the court; or
(b) has a defect of form; or
(c) contains an ambiguity.
Note: For paragraph (a), the following are examples of errors of a technical nature: a clerical mistake, an accidental slip or omission, a material miscalculation of figures or a material mistake in the description of a person, thing or matter.
(2) An error, defect or ambiguity mentioned in subsection (1) does not affect the validity of any sentence imposed on the person.
(3) The court may, on its own initiative, at any time, by order, amend the sentencing order to rectify the error, defect or ambiguity.
(4) The court must, at any time, on application by the Attorney‑General, the Director of Public Prosecutions or the person, by order, amend the sentencing order to rectify the error, defect or ambiguity.
(5) The court may amend the sentencing order whether or not the court is constituted in the way in which it was constituted when the person was sentenced.
(6) An amendment of a sentencing order under this section does not affect any right of appeal against a sentence.
(7) Unless the court orders otherwise, an amendment of a sentencing order under this section is taken to have had effect from the date of effect of the sentencing order.
(8) In this section:
sentencing order means any of the following:
(a) an order imposing, or purporting to impose, a sentence;
(b) an order fixing a non‑parole period;
(c) a recognizance release order.
19AJ Court may only fix non‑parole periods or make recognizance release orders for federal sentences of imprisonment
This Division does not authorise a court to fix a single non‑parole period, or make a recognizance release order, in respect both of federal sentences of imprisonment and State or Territory sentences of imprisonment.
19AK Possible deportation no impediment to fixing non‑parole period
Where a person is convicted of a federal offence, a court is not precluded from fixing a non‑parole period in respect of the sentence imposed for that offence merely because the person is, or may be, liable to be deported from Australia.
Division 5—Conditional release on parole or licence
Subdivision A—Release on parole or licence
19AKA Purposes of parole
The purposes of parole are the following:
(a) the protection of the community;
(b) the rehabilitation of the offender;
(c) the reintegration of the offender into the community.
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.
19ALA Matters that may be considered in decisions about parole orders
(1) In making a decision under section 19AL in relation to a person, the Attorney‑General may have regard to any of the following matters that are known to the Attorney‑General and relevant to the decision:
(a) the risk to the community of releasing the person on parole;
(b) the person’s conduct while serving his or her sentence;
(c) whether the person has satisfactorily completed programs ordered by a court or recommended by the relevant State or Territory corrective services or parole agency;
(d) the likely effect on the victim, or victim’s family, of releasing the person on parole;
(e) the nature and circumstances of the offence to which the person’s sentence relates;
(f) any comments made by the sentencing court;
(g) the person’s criminal history;
(h) any report or information in relation to the granting of parole that has been provided by the relevant State or Territory corrective services or parole agency;
(i) the behaviour of the person when subject to any previous parole order or licence;
(j) the likelihood that the person will comply with the conditions of the parole order;
(k) whether releasing the person on parole is likely to assist the person to adjust to lawful community life;
(l) whether the length of the parole period is sufficient to achieve the purposes of parole;
(m) any special circumstances, including the likelihood that the person will be subject to removal or deportation upon release.
(2) Subsection (1) does not limit the matters that the Attorney‑General may consider in making a decision under section 19AL.
19ALB Decisions about parole orders—terrorism and control orders
(1) Despite any law of the Commonwealth, the Attorney‑General must not make a parole order in relation to a person covered by subsection (2) unless the Attorney‑General is satisfied that exceptional circumstances exist to justify making a parole order.
(2) This subsection covers the following persons:
(a) a person who has been convicted of a terrorism offence, including a person currently serving a sentence for a terrorism offence;
(b) a person who is subject to a control order within the meaning of Part 5.3 of the Criminal Code (terrorism);
(c) a person who the Attorney‑General is satisfied has made statements or carried out activities supporting, or advocating support for, terrorist acts within the meaning of that Part.
Determining exceptional circumstances in relation to persons under 18 years of age
(3) In determining whether exceptional circumstances exist to justify making a parole order in relation to a person who is under 18 years of age, without limiting the matters the Attorney‑General may have regard to, the Attorney‑General must have regard to:
(a) the protection of the community as the paramount consideration; and
(b) the best interests of the person as a primary consideration.
19AM Release on parole—when is a person released
(1) A person must be released from prison on parole in accordance with a parole order on whichever of the following days is applicable (subject to subsections (2) and (3) and 19AZD(2)):
(a) for a parole order made before the end of the non‑parole period—the earlier of the following days:
(i) the last day of the non‑parole period;
(ii) an earlier day (if any) specified in the parole order under subsection 19AL(3A);
(b) for a parole order made after the end of the non‑parole period—the later of the following days:
(i) the day after the parole order is made;
(ii) a later day (if any) specified in the parole order for the purposes of this subparagraph (not being later than 30 days after the order is made).
Note 1: Subsection (2) of this section provides a different release day if the person is imprisoned for a State or Territory offence on the release day that would otherwise apply under this subsection.
Note 2: Subsection (3) requires the person to certify his or her acceptance of the parole order conditions before he or she may be released.
Note 3: Subsection 19AZD(2) may allow a person to be released slightly earlier than the day that would otherwise apply under this subsection (for example if the release day would otherwise fall on a weekend or public holiday).
(2) However, if the person is imprisoned for a State or Territory offence on the day he or she would otherwise be eligible for release under subsection (1), the person must be released from prison on parole in accordance with the parole order on the same day he or she is released from prison (including on parole) for the State or Territory offence.
(3) Despite subsections (1) and (2), the person must not be released from prison on parole in accordance with the parole order unless, before, on or after the release day provided by subsection (1) or (2), the person certifies on the parole order (or a copy of the order) that he or she accepts the conditions to which the order is subject.
Note: A person released on parole must comply with any conditions of the parole order during the parole period (see sections 19AN and 19AU).