Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a person is serving a federal sentence (whether or not a non - parole period has been fixed, or a recognizance release order made, in relation to that sentence), the Attorney - General may grant a licence under this subsection for the person to be released from prison.
(2) A person who is serving a federal sentence of imprisonment (whether or not a non - parole period has been fixed, or a recognizance release order made, in relation to that sentence), or another person acting on that person's behalf, may apply to the Attorney - General for a licence under this subsection for the first - mentioned person to be released from prison.
(3) An application under subsection (2) must:
(a) be in writing; and
(b) specify the exceptional circumstances relied on to justify the grant of the licence.
(4) The Attorney - General must not grant a licence under this section unless he or she is satisfied that exceptional circumstances exist which justify the grant of the licence.
(4A) Without limiting the matters to which the Attorney - General may have regard for the purposes of subsection (4), the Attorney - General may have regard to:
(a) any extensive cooperation by the person with law enforcement agencies before sentencing that the sentencing court did not take into account; or
(b) any extensive cooperation by the person with law enforcement agencies after sentencing; or
(c) any serious medical condition the person has that cannot adequately be treated or managed within the prison system.
(5) The Attorney - General is not required to consider an application under subsection (2) in respect of a person if an application has been made under that subsection in respect of that person within one year before the first - mentioned application.
(6) A licence in relation to a person:
(a) if the person is subject to a federal life sentence--must specify the day on which the licence period ends, being a day not earlier than 5 years after the person is released on licence; 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 licence subject to supervision should end before the end of the person's licence period--specify the day on which the supervision period ends.
(7) A licence:
(a) is subject to the condition that the offender must, during the licence period, be of good behaviour and not violate any law; and
(b) if the licence specifies in accordance with subsection (6) that the person is to be released subject to supervision--is subject to the condition that the offender must, during the supervision period, be subject to the supervision of a person specified in the licence and obey all reasonable directions of that person; and
(c) is subject to such other conditions (if any) as the Attorney - General specifies in the licence.
(10) A licence directing that the offender be released from prison is sufficient authority for the release.