Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p25
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 59720–62329

the same way as they apply to the fixing of such periods or the making of such orders under Division 4.

"(7) Without limiting, by implication, the application of any other provision of Division 4, section 19ah applies, according to its terms, in relation to the failure to fix, or properly to fix, non-parole periods or the failure to make, or properly to make, recognizance release orders under this section in the same way as it applies to such failures in relation to the fixing of such periods or the making of such orders under Division 4.

Court to issue warrant of detention where person required to serve balance of sentence

"19as. (1) 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) under section 19aq, because of the imposition of one or more federal State or Territory sentences (in this subsection called the 'new sentence or sentences'):

(i) that parole order or licence is to be taken to have been revoked; and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 he or she had not served at the time of release;

then:

   (c) the court imposing the new sentence or sentences must issue a warrant authorising the person to be detained in prison to undergo imprisonment for the unserved part of the outstanding sentence or sentences; and

   (d) the person must begin to serve the unserved part of the outstanding sentence or of the first to be served of the outstanding sentences on

    the day that the new sentence is, or the new sentences are, imposed; and

   (e) the unserved part of the outstanding sentence or of each of the outstanding sentences must be served in the State or Territory where the new sentence is, or the new sentences are, imposed.

"(2) Where the court fails to issue a warrant under paragraph (1) (c), the Director of Public Prosecutions may apply to that court for such a warrant.

What happens when later conviction is quashed?

"19at. (1) Where:

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

    (b) under section 19aq, because of the imposition of one or more federal, State or Territory sentences (in this subsection called the 'new sentence or sentences'):

(i) that 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