(1) For the purposes of this Part, the parole period for a person for whom a parole order has been made is the period starting in accordance with subsection (2) and ending in accordance with subsection (3).
Note: A person released on parole must comply with any conditions of the parole order during the parole period (see sections 19AN and 19AU).
(2) The person’s parole period starts at the earlier of the following times:
(a) when the person is released from prison on parole;
(b) if the person is serving a State or Territory sentence at the time the parole order is made—when 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.
(3) The person’s parole period ends:
(a) at the end of the last day of any federal sentence that is, on the day of the release, being served or to be served; or
(b) if the person has been given a federal life sentence—at the later of the following times:
(i) 5 years after the person is released from prison on parole in accordance with section 19AM;
(ii) the end of a later day (if any) specified in the parole order for the purposes of this subparagraph (not being a day earlier than 5 years after the person’s expected release from prison in accordance with the order).
19AN Parole order is subject to conditions
A parole order:
(a) is subject to the condition that the offender must, during the parole period, be of good behaviour and not violate any law; and
(b) if the parole order specifies in accordance with subsection 19AL(3) 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 parole officer or other person specified in the order and obey all reasonable directions of that officer or other person; and
(c) is subject to such other conditions (if any) as the Attorney‑General specifies in the order.
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.
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(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.
19APA Amendment of parole orders and licences
Amendment of conditions
(1) The Attorney‑General may, at any time before the end of:
(a) a parole period for a person for whom a parole order has been made; or
(b) a licence period for a person who is released on licence for a federal sentence;
by order in writing, amend the parole order or licence by doing any or all of the following:
(c) imposing additional conditions on the parole order or licence;
(d) varying or revoking a condition of the parole order or licence specified under paragraph 19AN(c) or 19AP(7)(c) or imposed under paragraph (c);
(e) if the supervision period has not ended—changing the day on which the supervision period ends.
Amendments to rectify errors etc.
(2) If a parole order or licence:
(a) contains an error of a technical nature; or
(b) has a defect of form; or
(c) contains an ambiguity;
the Attorney‑General may, at any time, by order in writing, amend the parole order or licence to rectify the error, defect or 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.
When amendments take effect
(3) An amendment of a parole order or licence under subsection (1) takes effect when notice in writing of the amendment is given to the offender.
(4) An amendment of a parole order or licence under subsection (2) is taken to have had effect from the date of effect of the parole order or licence.
19APB Effect of parole order and licence on sentence
(1) If a parole order is made, or a licence is granted, in relation to a person:
(a) the person is taken to be still under sentence and not to have served the part of any sentence that remained to be served at the beginning of the parole period or licence period, until:
(i) the parole period or licence period ends without the parole order or licence being revoked; or
(ii) the person is otherwise discharged from imprisonment; and
(b) the person is taken:
(i) to have served the part of any sentence that remained to be served at the beginning of the parole period or licence period; and
(ii) to have been discharged from imprisonment;
if the parole period or licence period ends without the parole order or licence being revoked.
(2) Subsection (1) has effect as if the parole period or the licence period had not ended without the parole order or licence being revoked, if in relation to the parole order or licence:
(a) a determination referred to in subsection 19AQ(1) or (2) is made at a time after the end of the parole period or licence period; and
(b) the time the parole order or licence is taken to have been revoked under subsection 19AQ(1) or (2) is during the parole period or licence period.
Subdivision B—Revocation of parole order or license
19AQ Parole order or licence revoked following further offence
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.
19AR Fixing of non‑parole period etc. where parole or licence taken to be revoked under section 19AQ
New federal offence etc.
(1) Subject to subsection (4), if:
(a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and
(b) the person is later sentenced (the new sentence or sentences) to a term of imprisonment in respect of a federal offence or federal offences committed during the parole period or licence period; and
(c) under section 19AQ:
(i) the parole order or licence is to be taken to have been revoked; and
(ii) the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences);
the court imposing the new sentence or sentences:
(d) must not make a recognizance release order; and
(e) must fix a single new non‑parole period in respect of the new sentence or sentences and the outstanding sentence or sentences having regard to the total period of imprisonment that the person is liable to serve.
New State or Territory offence etc.
(3) Subject to subsection (4), if:
(a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and
(b) the person is later sentenced (the new sentence or sentences) to a term of imprisonment in respect of one or more State or Territory offences committed during the parole period or licence period; and
(c) under section 19AQ:
(i) the parole order or licence is to be taken to have been revoked; and
(ii) the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences);
the court imposing the new sentence or sentences:
(d) must not make a recognizance release order; and
(e) must fix a single new non‑parole period in respect of the outstanding sentence or sentences having regard to the total period of imprisonment that the person is liable to serve.
General
(4) A court may decline to fix a non‑parole period if:
(a) the court is satisfied that doing so is appropriate, having regard to:
(i) the serious nature and circumstances of the offence or offences; and
(ii) the antecedents of the person; or
(b) the person is expected to be serving a State or Territory sentence on the day after the end of the federal sentence, or the last to be served of the federal sentences.
(5) Where a court decides, under this section, that it is inappropriate to fix a non‑parole period, the court:
(a) must state its reasons for so deciding; and
(b) must cause these reasons to be entered in the records of the court.
(6) Without limiting, by implication, the application of any other provision of Division 4, sections 19AF, 19AJ and 19AK apply, according to their terms, in relation to the fixing of non‑parole periods under this section in the same way as they apply to the fixing of such periods under Division 4.
(7) Without limiting, by implication, the application of any other provision of Division 4, section 19AH applies, according to its terms, in relation to the failure to fix, or properly to fix, non‑parole periods under this section in the same way as it applies to such failures in relation to the fixing of such periods under Division 4.
19AS Court to issue warrant of detention where person required to serve balance of sentence
(1) If:
(a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and
(b) the person is later sentenced (the new sentence or sentences) to a term of imprisonment in respect of one or more federal, State or Territory offences committed during the parole period or licence period; and
(c) under section 19AQ:
(i) the parole order or licence is to be taken to have been revoked; and
(ii) the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences);
then:
(d) the court imposing the new sentence or sentences must issue a warrant authorising the person to be detained in prison to undergo imprisonment for the unserved part of the outstanding sentence or sentences; and
(e) the person must begin to serve the unserved part of the outstanding sentence or of the first to be served of the outstanding sentences on the day that the new sentence is, or the new sentences are, imposed; and
(f) the unserved part of the outstanding sentence or of each of the outstanding sentences must be served in the State or Territory where the new sentence is, or the new sentences are, imposed.
(2) Where the court fails to issue a warrant under paragraph (1)(d), the Director of Public Prosecutions may apply to that court for such a warrant.
19AT What happens when later conviction is quashed?
(1) Where:
(a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and
(b) the person is later sentenced (the new sentence or sentences) to a term of imprisonment in respect of one or more federal, State or Territory offences committed during the parole period or licence period; and
(ba) under section 19AQ:
(i) the parole order or licence is to be taken to have been revoked; and
(ii) the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences);
then:
(c) if the person appeals against the conviction or each conviction giving rise to a new sentence and is granted bail, pending the hearing of the appeal or appeals:
(i) this Act has effect, pending the hearing of that appeal or those appeals, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19AS were of no effect; and
(ii) the person must be released from prison on the day the person is granted bail; and
(d) if the appeal court sets aside the conviction or each of the convictions and the person concerned is granted bail or bail is extended pending a retrial of the offence or offences concerned:
(i) this Act has effect, or continues to have effect, pending the completion of the retrial, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19AS were of no effect; and
(ii) if the person had not already been released from prison under paragraph (c), the person is to be released on the day the person is granted bail or bail is extended; and
(e) if the conviction or each conviction appealed against is quashed on appeal or the person is found, on a retrial, not to be guilty of the offence or each of the offences:
(i) this Act has effect, or continues to have effect, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19AS were of no effect; and
(ii) if the person had not already been released from prison under paragraph (c) or (d), the person must be released from prison on the day the conviction or each conviction is quashed on appeal or the person is found, on a retrial not to be guilty of the offence or offences; and
(f) if paragraph (c), (d) or (e) applies—the unserved part of the outstanding sentence or sentences shall (except in the case of an outstanding sentence of life imprisonment) be reduced by the period spent in prison after the day the new sentence is or the new sentences are imposed and before the day of the person’s release on bail or, if the person is not so released, before the resolution of the appeal.
(2) If the appeal against the conviction or each conviction giving rise to a new sentence is unsuccessful, section 19AS applies, with effect from the day the appeal proceedings are completed, as if the new sentence or new sentences were imposed on that day by the court to which the appeal was made.