Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"licence" means a licence to be at large granted under the next succeeding subsection.
"prescribed authority" means:
(a) a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate of a State and in respect of whom an arrangement in force under subsection (15) of this section is applicable; or
(b) a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate, or a District Officer or Assistant District Officer, of a Territory.
"the prescribed period" , in relation to a licence, means:
(a) if the prisoner to whom the licence was granted was, at the time when the licence was granted, serving a term of imprisonment--the period commencing on the day on which the licence was granted and ending on the day which, if no remissions of his or her sentence were granted, would be the last day of that term; or
(b) if the prisoner to whom the licence was granted was, at the time when the licence was granted, being detained in prison by reason of his or her having been declared to be a habitual criminal--the period of three years commencing on the day on which the licence was granted.
(2) Where a prisoner has been removed to a State or Territory in pursuance of this Act (not being a person referred to in paragraph (a) or (b) of subsection (2) of section nineteen A of the Crimes Act 1914 - 1960 ), the Governor - General may, if he or she thinks it proper so to do in the circumstances, grant to the prisoner by writing under his or her hand, a licence to be at large.
(3) A licence is sufficient authority for the release from prison of the person to whom it is granted.
(4) A licence is subject to such conditions, if any, as are specified in the licence.
(5) The Governor - General may, at any time before the expiration of the prescribed period, by writing under his or her hand:
(a) vary or revoke a condition of a licence or impose additional conditions; or
(b) revoke a licence.
(6) The varying of a condition, or the imposing of an additional condition, under the last preceding subsection does not have effect until notice thereof has been given to the person to whom the licence was granted, being notice given before the expiration of the prescribed period.
(7) Where:
(a) a licence granted to a person is revoked; or
(b) the person to whom a licence has been granted has, during the prescribed period, failed to comply with a condition of the licence or there are reasonable grounds for suspecting that he or she has, during that period, failed to comply with a condition of the licence;
a constable may, without warrant, arrest the person.
(8) Where a constable arrests a person in pursuance of the last preceding subsection on a ground specified in paragraph (b) of that subsection, the constable shall, as soon as practicable, take that person before a prescribed authority and, if the prescribed authority is satisfied that that person without lawful excuse failed to comply with a condition of the licence granted to him or her , the prescribed authority shall cancel the licence.
(9) A person brought before a prescribed authority under the last preceding subsection shall, unless the prescribed authority otherwise directs, be kept in custody until the prescribed authority has determined the matter.
(10) Subject to subsection (12) of this section, where a licence granted to a person who, at the time of the grant, was serving a term of imprisonment is revoked or cancelled, the person may be detained in prison, as if the licence had not been granted, to undergo imprisonment for a period equal to the part of the term that he or she had not served at the time when he or she was released from prison in pursuance of the licence and, in the case of a person who has been declared to be a habitual criminal, he or she may, on the expiration of that term, be further detained in prison as if the licence had not been granted.
(11) Subject to the next succeeding subsection, where a licence granted to a person who, at the time of the grant, was being detained in prison by reason of his or her having been declared to be a habitual criminal is revoked or cancelled, the person may be detained in prison as if the licence had not been granted.
(12) Where a prescribed authority cancels a licence under subsection (8) of this section, the person to whom the licence was granted may appeal to the Supreme Court of a Territory or to a prescribed Federal Court against the cancellation and the Court shall:
(a) if it is satisfied that the ground on which the licence was cancelled has been established--confirm the cancellation; or
(b) if it is not so satisfied--order that the cancellation cease to have effect.
(13) An appeal under the last preceding subsection shall be by way of re - hearing, but the Court may have regard to any evidence given before the prescribed authority.
(14) For the purposes of the preceding provisions of this section, the Governor - General means the Governor - General acting with the advice of the Minister.
(15) The Governor - General may arrange with the Governor of a State for the performance by persons who hold office as Chief, Police, Stipendiary, Resident or Special Magistrates in that State of the functions of a prescribed authority under this section.
(16) Notice of an arrangement under the last preceding subsection shall be published in the Gazette.