Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p23
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 54872–57544

offences committed during the parole period or licence period; and

   (c) under section 19aq, because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the 'new sentence or sentences'):

(i) the parole order or licence is to be taken to have been revoked; and

       (ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the 'outstanding sentence or sentences') that the person had not served at the time of release;

the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the new sentence or sentences and the outstanding sentence or sentences having regard to the total period of imprisonment that the person is liable to serve.

"(2) Where:

    (a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

    (b) the person is later sentenced to a term of imprisonment of, or terms of imprisonment aggregating, 3 years or less in respect of a federal offence or federal offences committed during the parole period or licence period; and

    (c) under section 19aq, because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the 'new sentence or sentences'):

(i) the parole order or licence is to be taken to have been revoked; and

       (ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the 'outstanding sentence or sentences') that the person had not served at the time of release;

then:

    (d) if one of the outstanding sentences is a sentence of life imprisonment or the new sentence or sentences and the unserved part of the outstanding sentence or sentences aggregate more than 3 years—the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the new sentence or sentences and the outstanding sentence or sentences; and

    (e) if the new sentence or sentences and the unserved part of the outstanding sentence or sentences aggregate 3 years or less—the court imposing the new sentence or sentences must not fix a non-parole period but may make a recognizance release order in respect of the new sentence or sentences and the outstanding sentence or sentences;

and, in doing so, the court must have regard to the total period of

imprisonment that the person is liable to serve.

"(3) Where:

   (a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under