Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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: See subsection (5) if the person is subject to a State or Territory sentence.
Note 2: See also sections 19ALA (matters that may be considered in decisions about parole orders) and 19ALB (decisions about parole orders--terrorism and control orders).
(1A) If the Attorney - General does not, under subsection (1), make, or refuse to make, a parole order for a person before the end of the non - parole period referred to in that subsection, the Attorney - General must, as soon as practicable after the end of that period, make, or refuse to make, a parole order for the person.
(2) If the Attorney - General refuses to make a parole order for a person under subsection (1) or (1A), paragraph (b) of this subsection, or subsection (2A), (6) or (7), 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.
Note: See subsection (5) if the person is subject to a State or Territory sentence.
(2A) If the Attorney - General does not, under paragraph (2)(b), reconsider the making of a parole order for a person and either make, or refuse to make, such an order before the end of the 12 month period referred to in that paragraph, the Attorney - General must, as soon as practicable after the end of that period, reconsider and either make, or refuse to make, a parole order for the person.
Contents of parole order
(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.
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).
(3A) If the Attorney - General considers that in all the circumstances it is appropriate to do so, the Attorney - General may specify in a parole order that a person is to be released from prison on a day that is before the end of the non - parole period, but is not earlier than 30 days before the end of the non - parole period.
Person subject to State or Territory sentence
(4) Subsections (5) to (7) apply if the person is subject to a State or Territory sentence.
(5) The Attorney - General is not required to make, or to refuse to make, a parole order under subsection (1) or (1A), paragraph (2)(b) or subsection (2A) if:
(a) the State or Territory sentence is a life sentence for which a non - parole period has not been fixed; or
(b) the State or Territory sentence ends after the end of the last of the federal sentences to end; or
(c) the non - parole period for the State or Territory sentence ends after the end of the federal non - parole period; or
(d) the State or Territory sentence ends after the end of the federal non - parole period.
(6) However, the Attorney - General must either make, or refuse to make, a parole order before:
(a) if paragraph (5)(c) applies (and paragraphs (5)(a) and (b) do not)--the end of the non - parole period for the State or Territory sentence; or
(b) if paragraph (5)(d) applies (and paragraphs (5)(a), (b) and (c) do not)--the person's expected release from prison for the State or Territory offence.
(7) If the Attorney - General does not, in accordance with subsection (6), make, or refuse to make, a parole order for a person before:
(a) the end of the period referred to in paragraph (6)(a); or
(b) the date of the expected release referred to in paragraph (6)(b);
the Attorney - General must, as soon as practicable after the end of that period or the date of that expected release, make, or refuse to make, a parole order for the person.
Note: The effect of subsections (4) to (7) 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.