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CRIMES ACT 1914

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CRIMES ACT 1914 SECT 19AL

19AL Release on parole
(1)
Subject to section 19AM, where there has been imposed on a person a federal sentence of, or federal sentences aggregating, more than 3 years but less than 10 years and a non-parole period has been fixed in relation to the sentence or sentences, the Attorney-General must, by order in writing, direct that the person be released from prison on parole:
(a)
at the end of the non-parole period; or
(b)
if the Attorney-General considers that in all the circumstances it would be appropriate to do so, on a specified day, not being earlier than 30 days before the end of the non-parole period.
(2)
Subject to section 19AM, where there has been imposed on a person a federal life sentence or a federal sentence of, or federal sentences aggregating, 10 years or more and a non-parole period has been fixed in relation to the person in respect of the sentence or sentences, the Attorney-General must, by order in writing:
(a)
direct that the person be released from prison on parole:
(i)
at the end of the non-parole period; or
(ii)
if the Attorney-General considers that in all the circumstances it would be appropriate to do so, on a specified day, not being earlier than 30 days before the end of the non-parole period; or
(b)
direct that the person is not to be released on parole at, or at any time before, the end of the non-parole period.
(3)
An order directing that a person not be released at, or at any time before, the end of the non-parole period:
(a)
must not be made later than 3 months before the end of the non-parole period; and
(b)
must include a statement of reasons why the order was made; and
(c)
if the Attorney-General proposes to reconsider, at a later time, the question of the release of the person on parole—must indicate when the Attorney-General proposes to reconsider the question;

and a copy of the order must be given to the person within 14 days after it was made.

(4)
A parole order in relation to a federal sentence:
(a)
if the sentence is imprisonment for life in respect of that federal offence or any of those federal offences—must specify the day on which the parole period ends, being a day not earlier than 5 years after the person is released on parole; and
(b)
if it is proposed that, for any part of the parole period, the person should be subject to supervision—must specify the day on which the supervision period ends, being a day fixed in accordance with the requirements of the definition of supervision period in subsection 16(1).
(5)
A parole order directing that a person be released from prison is sufficient authority for the release if, and only if, the person indicates, in writing, his or her acceptance of the conditions to which the order is subject by certifying to that effect either on the original parole order or on a copy of that order.
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