Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) While a parole order (including a parole order that was, at any time, in force in the ACT) is registered under section 167, ACT law applies in relation to the order and the parolee.
(2) If a parole order registered under section 167 was made under a law of a State or another Territory, subsection (1) has effect as if—
(a) each sentence of imprisonment to which the parolee was subject immediately before the making of the parole order had been imposed by the appropriate ACT court; and
(b) each period of imprisonment served by the parolee for the purpose of such a sentence had been served for the purpose of a sentence imposed by the appropriate ACT court; and
(c) the parole order had been made and were in force under this chapter.
(3) If a parole order for a sentence of life imprisonment imposed on a person under a law of a State or another Territory was registered under section 167 before the commencement day—
(a) the interstate nonparole period is taken to have been validly set by the appropriate ACT court as the nonparole period for the sentence despite any ACT law to the contrary; and
(b) a primary sentence imposed on the person after the order was registered but before the commencement day is taken not to have resulted in the cancellation of the interstate nonparole period because of the operation of the Crimes (Sentencing) Act 2005
, section 66 (3).
(4) If a parole order registered under section 167 is cancelled under this chapter, the parolee is liable to serve a period of imprisonment by full-time detention equal to the period of imprisonment the parolee was liable to serve under the sentence on the offender's parole release date.
(5) Subsection (4) is subject to section 139 (Parole—effect of custody during order) and part 7.5A (Parole time credit).
(6) In this section:
"appropriate ACT court", in relation to a sentence imposed on a person under a law of a State or another Territory, means—
(a) if the sentence was imposed by a court of summary jurisdiction or a court on appeal from a court of summary jurisdiction—the Magistrates Court; or
(b) in any other case—the Supreme Court.
"commencement day" means the day the Justice and Community Safety Legislation Amendment Act 2023 (No 2)
, section 35 commences.
"interstate nonparole period", for a sentence imposed on a person under a law of a State or another Territory, means the period (shorter than the sentence) for which the person is ineligible to be released on parole under a law of the State or other Territory.
"primary sentence"—see the Crimes (Sentencing) Act 2005
, section 66 (1) (b).