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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 161E

Exceptions—certain non-ACT offences

    (1)     This section applies if an offender breaches a parole obligation by committing a non-ACT offence (the second offence ) and—

        (a)     the second offence was committed within 3 months after the offender's parole release date; or

        (b)     the offender's parole offence is a serious offence or a serious non-ACT offence and the offender's second offence is a serious non-ACT offence; or

        (c)     the offender's parole offence is a family violence offence or a non-ACT family violence offence and the offender's second offence is a non-ACT family violence offence.

    (2)     The board must make an order about whether the offender's parole time credit is to be taken as time served against their parole sentence.

    (3)     In making the order, the board—

        (a)     must not take parole time credit as time served against the parole sentence unless the board is satisfied there are special circumstances that warrant it; but

        (b)     if satisfied there are special circumstances—may take the parole time credit, either wholly or partly, to be time served against the parole sentence.



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