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CRIMES ACT 1914 SECT 19AX
19AX Where person on parole or licence not notified of
revocation
- (1)
- Where a prescribed authority before whom a person is
brought under section 19AV
because of an order revoking a parole order or licence is
satisfied that the person so brought is the person named
in that revocation order but is not satisfied that the
person was notified by the Attorney-General of the
proposal to make that revocation order, the prescribed
authority must:
- (a)
- immediately notify the Attorney-General that the
person has been brought before that prescribed
authority; and
- (b)
- order that the person be detained in custody until
the Attorney-General orders that the revocation order
be rescinded or until the completion of proceedings
under subsection
19AW(1) as applied by subsection (6) of this
section.
- (2)
- Where the Attorney-General is notified that a person has
been brought before a particular prescribed authority, the
Attorney-General must, as soon as practicable, notify the
person, in writing, of the conditions of the parole order
or licence alleged to have been breached and request that
the person give him or her, within 14 days of notification
of those reasons, a written submission stating why that
parole order or licence should not have been revoked.
- (3)
- If, within 14 days of a person receiving notification
under subsection (2), the person fails to make a
written submission to the Attorney-General, the
Attorney-General must, as soon as practicable after the
end of that period, notify the prescribed authority of a
decision not to rescind the revocation order.
- (4)
- If, within 14 days of notification under subsection (2),
the person makes a written submission to the
Attorney-General, the Attorney-General must decide, as
soon as practicable after receiving that submission, and
on the basis of that submission and any other material the
Attorney-General considers to be relevant, whether or not
to rescind the revocation order and must, as soon as
practicable after so deciding, inform the prescribed
authority and the person, in writing, of the decision.
- (5)
- If the prescribed authority is notified of a decision to
rescind the revocation order, the prescribed authority
must immediately order the person to be released from
prison.
- (6)
- If the prescribed authority is notified of a decision
not to rescind the revocation order made in respect of the
person, subsection
19AW(1) applies to the person so as to authorise the
issue of a warrant as if the prescribed authority had been
satisfied of the matters referred to in paragraphs
19AW (1)(a), (b) and (c) and subsections
19AW(3), (4), (5) and (6) apply to that person
according to their terms.
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