Document ID: chunk:federal_register_of_legislation:C2012C00839:clause:7_19al:p1
Version: federal_register_of_legislation:C2012C00839
Segment Type: clause
Provision Reference: sch 7 cl 19AL (pt 1/2)
Character Range: 93565–96157

19AL  Release on parole—making of parole order
 (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: 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).
Note 3: Subsection (4) of this section affects the operation of subsection (1) if the person will be serving a State or Territory sentence at the end of the non‑parole period.
 (2) If the Attorney‑General refuses to make a parole order for a person under subsection (1) or paragraph (b) of this subsection, 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.
 (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.
 (4) Despite subsection (1), if the person will be serving a State or Territory sentence on the day after the end of the non‑parole period, the requirement under that subsection to make, or refuse to make, a parole order does not apply:
 (a) for a federal sentence, or federal sentences, that do not include a life sentence—if the parole period would end while the person would still be imprisoned for the State or Territory offence; and
 (b) for a federal sentence, or federal sentences, that include a life sentence—until the release of the person from prison for the State or Territory offence (but a decision may be made under that subsection at any time during the 3 month period before the person's expected release); and
 (c) in any case—if the State or Territory sentence is a life sentence for which a non‑parole period has not been fixed.
Note: The effect of this subsection and subsection 19AM(2) is that a parole order may sometimes still be made for