Australian Capital Territory Numbered Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 168

Parole order transfer—effect of registration under this Act

    (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)     For subsection (2), the "appropriate ACT court", in relation to a sentence of imprisonment, is—

        (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; and

        (b)     in any other case—the Supreme Court.

    (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 parole release date for the sentence.

    (5)     However, subsection (4) is subject to section 139 (Parole—effect of custody during order).



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