CRIMES LEGISLATION AMENDMENT (POWERS AND OFFENCES) ACT 2012 (NO. 24, 2012) - SCHEDULE 7 Releasing federal offenders from prison
CRIMES LEGISLATION AMENDMENT (POWERS AND OFFENCES) ACT 2012 (NO. 24, 2012) - SCHEDULE 7
Releasing federal offenders from prison
1 Subsection 16(1) (definition of licence period )
Repeal the definition, substitute:
"licence period" , for a person who is released on licence for a federal sentence, means the period starting on the day of release on licence and ending:
(a) if a recognizance release order has been made for the federal sentence--at the end of the day before the person is eligible for release in accordance with the recognizance release order; and
(b) in any other case:
(i) at the end of the last day of any federal sentence that is, on the day of the release, being served or to be served (after deducting any remission or reduction that is applicable); or
(ii) if the person has been given a federal life sentence--at the end of the day specified in the licence as the day on which the licence period ends.
2 Subsection 16(1) (definition of parole order )
Repeal the definition, substitute:
"parole order" means an order made under subsection 19AL(1) or (2) directing that a person be released from prison on parole.
3 Subsection 16(1) (definition of parole period )
Repeal the definition, substitute:
"parole period" , for a person for whom a parole order has been made, has the meaning given by section 19AMA.
4 Subsection 16(1) (definition of released on parole )
Omit "section 19AL", substitute "a parole order in accordance with section 19AM".
5 Subsection 16(1) (definition of supervision period )
Repeal the definition, substitute:
"supervision period" , in relation to a person who is released on parole or on licence, means the period:
(a) starting when the person is released from prison on parole or licence; and
(b) ending at the earlier of the following times:
(i) the end of the person's parole period or licence period;
(ii) if the parole order or licence specifies an earlier time at which the supervision period is to end--that earlier time.
6 Sections 19AL and 19AM
Repeal the sections, substitute:
19AL Release on parole--making of parole order
(1) The Attorney-General must, before the end of a non-parole period fixed for one or more federal sentences imposed on a person, either make, or refuse to make, an order directing that the person be released from prison on parole (a parole order ).
Note 1: For when a person is released on parole in accordance with a parole order, see section 19AM.
Note 2: A person released on parole must comply with any conditions of the parole order during the parole period (see sections 19AMA, 19AN and 19AU).
Note 3: Subsection (4) of this section affects the operation of subsection (1) if the person will be serving a State or Territory sentence at the end of the non-parole period.
(2) If the Attorney-General refuses to make a parole order for a person under subsection (1) or paragraph (b) of this subsection, the Attorney-General must:
(a) give the person a written notice, within 14 days after the refusal, that:
(i) informs the person of the refusal; and
(ii) includes a statement of reasons for the refusal; and
(iii) sets out the effect of paragraph (b) of this subsection; and
(b) reconsider the making of a parole order for the person and either make, or refuse to make, such an order, within 12 months after the refusal.
(3) A parole order must:
(a) be in writing; and
(b) specify whether or not the person is to be released subject to supervision; and
(c) if it is proposed that the supervision period for a person released on parole subject to supervision should end before the end of the person's parole period--specify the day on which the supervision period ends.
(4) Despite subsection (1), if the person will be serving a State or Territory sentence on the day after the end of the non-parole period, the requirement under that subsection to make, or refuse to make, a parole order does not apply:
(a) for a federal sentence, or federal sentences, that do not include a life sentence--if the parole period would end while the person would still be imprisoned for the State or Territory offence; and
(b) for a federal sentence, or federal sentences, that include a life sentence--until the release of the person from prison for the State or Territory offence (but a decision may be made under that subsection at any time during the 3 month period before the person's expected release); and
(c) in any case--if the State or Territory sentence is a life sentence for which a non-parole period has not been fixed.
Note: The effect of this subsection and subsection 19AM(2) is that a parole order may sometimes still be made for a person while the person is serving a State or Territory sentence, but the person will not be released in accordance with the parole order until the person is released from prison for the State or Territory sentence.
19AM Release on parole--when is a person released
(1) A person must be released from prison on parole in accordance with a parole order on whichever of the following days is applicable (subject to subsections (2) and (3) and 19AZD(2)):
(a) for a parole order made before the end of the non-parole period--the earlier of the following days:
(i) the last day of the non-parole period;
(ii) an earlier day (if any) specified in the parole order for the purposes of this subparagraph (not being earlier than 30 days before the end of the non-parole period);
(b) for a parole order made after the end of the non-parole period--the later of the following days:
(i) the day after the parole order is made;
(ii) a later day (if any) specified in the parole order for the purposes of this subparagraph (not being later than 30 days after the order is made).
Note 1: Subsection (2) of this section provides a different release day if the person is imprisoned for a State or Territory offence on the release day that would otherwise apply under this subsection.
Note 2: Subsection (3) requires the person to certify his or her acceptance of the parole order conditions before he or she may be released.
Note 3: Subsection 19AZD(2) may allow a person to be released slightly earlier than the day that would otherwise apply under this subsection (for example if the release day would otherwise fall on a weekend or public holiday).
(2) However, if the person is imprisoned for a State or Territory offence on the day he or she would otherwise be eligible for release under subsection (1), the person must be released from prison on parole in accordance with the parole order on the same day he or she is released from prison (including on parole) for the State or Territory offence.
(3) Despite subsections (1) and (2), the person must not be released from prison on parole in accordance with the parole order unless, before, on or after the release day provided by subsection (1) or (2), the person certifies on the parole order (or a copy of the order) that he or she accepts the conditions to which the order is subject.
Note: A person released on parole must comply with any conditions of the parole order during the parole period (see sections 19AN and 19AU).
19AMA Release on parole--parole period
(1) For the purposes of this Part, the parole period for a person for whom a parole order has been made is the period starting in accordance with subsection (2) and ending in accordance with subsection (3).
Note: A person released on parole must comply with any conditions of the parole order during the parole period (see sections 19AN and 19AU).
(2) The person's parole period starts at the earlier of the following times:
(a) when the person is released from prison on parole;
(b) if the person is serving a State or Territory sentence at the time the parole order is made--when the person certifies on the parole order (or a copy of the order) that he or she accepts the conditions to which the order is subject.
(3) The person's parole period ends:
(a) at the end of the last day of any federal sentence that is, on the day of the release, being served or to be served (after deducting any remission or reduction that is applicable); or
(b) if the person has been given a federal life sentence--at the later of the following times:
(i) 5 years after the person is released from prison on parole in accordance with section 19AM;
(ii) the end of a later day (if any) specified in the parole order for the purposes of this subparagraph (not being a day earlier than 5 years after the person's expected release from prison in accordance with the order).
7 Paragraph 19AN(1)(b)
Omit "if, under subsection 19AL(4), the day on which a supervision period ends is fixed in the parole order", substitute "if the parole order specifies in accordance with subsection 19AL(3) that the person is to be released subject to supervision".
8 Subsection 19AN(2)
Omit all the words after "order by", substitute:
doing any or all of the following:
(a) varying or revoking a condition of the parole order;
(b) imposing additional conditions on the parole order;
(c) changing the day on which the supervision period ends.
9 Paragraph 19AP(6)(b)
Repeal the paragraph, substitute:
(b) specify whether or not the person is to be released subject to supervision; and
(c) if it is proposed that the supervision period for a person released on licence subject to supervision should end before the end of the person's licence period--specify the day on which the supervision period ends.
10 Paragraph 19AP(7)(b)
Omit "if, under subsection (6), the day on which a supervision period ends is fixed in the licence", substitute "if the licence specifies in accordance with subsection (6) that the person is to be released subject to supervision".
11 Subsection 19AP(8)
Omit all the words after "licence by", substitute:
doing any or all of the following:
(a) varying or revoking a condition of the licence;
(b) imposing additional conditions on the licence;
(c) changing the day on which the supervision period ends.
12 Application of amendments
Licences
(1) The amendments made by items 1, 9 and 11 of this Schedule apply in relation to a licence granted under section 19AP of the amended law at or after the commencement.
Parole
(2) The amendments made by items 2, 3, 4, 6 and 8 of this Schedule:
(a) apply in relation to a person for whom a non-parole period has been fixed, whether the person is sentenced before, at or after the commencement; but
(b) do not apply in relation to a person if a parole order has been made for the person under section 19AL of the old law.
(3) Paragraph 19AL(2)(b) of the amended law applies in accordance with subitem (2) in relation to a person for whom an order has been made under paragraph 19AL(2)(b) of the old law (directing that the person not be released on parole) as if the Attorney-General had refused to make a parole order for the person at the commencement.
Note: This means the Attorney-General will be required to reconsider making a parole order for the person within 12 months of the commencement.
Supervision periods for licences and parole
(4) The amendments made by items 5, 7 and 10 of this Schedule apply in relation to a parole order made under section 19AL of the amended law, or a licence granted under section 19AP of the amended law, at or after the commencement.
Definitions
(5) In this item:
amended law means the Crimes Act 1914 , as in force at and after the commencement.
commencement means the commencement of this item.
old law means the Crimes Act 1914 , as in force immediately before the commencement.