CRIMES ACT 1914 SECT 19AP

(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.

(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.

(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)

if it is proposed that, for any part of the licence 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).

(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, under subsection (6), the day on which a supervision period ends is fixed in the licence—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.

(8)

The Attorney-General may, at any time before the end of the licence period, by order in writing, amend a licence by varying or revoking a condition of a licence or by imposing additional conditions on a licence or by any or all of those means.

(9)

An amendment of a licence does not have effect until notice of the amendment is given to the offender, being notice given before the end of the licence period.

(10)

A licence directing that the offender be released from prison is sufficient authority for the release.