sec.213Transitional provision for s 157 (Eligibility for post-prison community based release)

### sec.213 Transitional provision for s 157 (Eligibility for post-prison community based release) The date recommended under former section 157 as the date that an offender be eligible for post-prison community based release is, after the commencement, taken to be the parole eligibility date fixed for the offender under part 9, division 3. However, if— there is more than 1 recommendation in force immediately before the commencement; and the recommendations recommend different dates as the date the offender is eligible for post-prison community based release; the date that is latest in time is taken to be the parole eligibility date fixed for the offender under part 9, division 3. Recommendation A was made on 1 August 2005 and recommends that the offender be eligible for post-prison community based release on 1 January 2007. Recommendation B was made on 1 March 2005 and recommends that the offender be eligible for post-prison community based release on 1 July 2007. The date taken to be the current parole eligibility date fixed for the offender under part 9, division 3 is 1 July 2007. The date that a period recommended under former section 157 as the non-release period for an offender ends is, after the commencement, taken to be a parole eligibility date fixed for the offender under part 9, division 3. However, if— there is more than 1 recommendation in force immediately before the commencement; and the recommendations recommend different non-release periods for the offender; the date of the last non-release period to end is taken to be the parole eligibility date fixed for the offender under part 9, division 3. Recommendation A was made on 1 August 2005 and recommends that the offender’s non-parole period ends on 1 January 2007. Recommendation B was made on 1 March 2005 and recommends that the offender’s non-parole period ends on 1 July 2007. The date taken to be the current parole eligibility date fixed for the offender under part 9, division 3 is 1 July 2007. In this section— commencement means the commencement of this section. former section 157 means section 157 as in force before the commencement. recommendation means a recommendation made by a court under former section 157 before the commencement that is in force. s 213 ins 2006 No. 29 s 504 (sec.213-ssec.1) The date recommended under former section 157 as the date that an offender be eligible for post-prison community based release is, after the commencement, taken to be the parole eligibility date fixed for the offender under part 9, division 3. (sec.213-ssec.2) However, if— there is more than 1 recommendation in force immediately before the commencement; and the recommendations recommend different dates as the date the offender is eligible for post-prison community based release; the date that is latest in time is taken to be the parole eligibility date fixed for the offender under part 9, division 3. Recommendation A was made on 1 August 2005 and recommends that the offender be eligible for post-prison community based release on 1 January 2007. Recommendation B was made on 1 March 2005 and recommends that the offender be eligible for post-prison community based release on 1 July 2007. The date taken to be the current parole eligibility date fixed for the offender under part 9, division 3 is 1 July 2007. (sec.213-ssec.3) The date that a period recommended under former section 157 as the non-release period for an offender ends is, after the commencement, taken to be a parole eligibility date fixed for the offender under part 9, division 3. (sec.213-ssec.4) However, if— there is more than 1 recommendation in force immediately before the commencement; and the recommendations recommend different non-release periods for the offender; the date of the last non-release period to end is taken to be the parole eligibility date fixed for the offender under part 9, division 3. Recommendation A was made on 1 August 2005 and recommends that the offender’s non-parole period ends on 1 January 2007. Recommendation B was made on 1 March 2005 and recommends that the offender’s non-parole period ends on 1 July 2007. The date taken to be the current parole eligibility date fixed for the offender under part 9, division 3 is 1 July 2007. (sec.213-ssec.5) In this section— commencement means the commencement of this section. former section 157 means section 157 as in force before the commencement. recommendation means a recommendation made by a court under former section 157 before the commencement that is in force. - (a) there is more than 1 recommendation in force immediately before the commencement; and - (b) the recommendations recommend different dates as the date the offender is eligible for post-prison community based release; - (a) there is more than 1 recommendation in force immediately before the commencement; and - (b) the recommendations recommend different non-release periods for the offender;