161DExceptions—certain ACT offences

161D Exceptions—certain ACT offences (1) This section applies if an offender breaches a parole obligation by committing an offence (the second offence) and— (a) the second offence was committed within 3 months after the (b) the offender’s parole offence is a serious offence or a serious non-ACT offence, and the offender’s second offence is a serious offence; or (c) the offender’s parole offence is a family violence offence or a non-ACT family violence offence, and the offender’s second offence is a family violence offence. (2) The sentencing court for the second offence must make an order about whether the offender’s parole time credit is to be taken as time served against their parole sentence. Note A court sentencing an offender is required to explain to the offender, and notify the offender of, the application of parole time credit (see Crimes (Sentencing) Act 2005, s 82 and s 84).

(3) In making the order, the court— (a) must not take parole time credit as time served against the parole sentence unless the court is satisfied there are special circumstances to warrant it; but (b) if satisfied there are special circumstances—may take the parole time credit, either wholly or partly, to be time served against the parole sentence.