Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p30
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 71854–74478

to the Attorney-General, the Attorney-General must decide, as soon as practicable after receiving that submission, and on the basis of that submission and any other material the Attorney-General considers to be relevant, whether or not to rescind the revocation order and must, as soon as practicable after so deciding, inform the prescribed authority and the person, in writing, of the decision.

"(5) If the prescribed authority is notified of a decision to rescind the revocation order, the prescribed authority must immediately order the person to be released from prison.

"(6) If the prescribed authority is notified of a decision not to rescind the revocation order made in respect of the person, subsection 19aw (1) applies to the person so as to authorise the issue of a warrant as if the prescribed authority had been satisfied of the matters referred to in paragraphs 19aw (1) (a), (b) and (c) and subsections 19aw (3), (4), (5) and (6) apply to that person according to their terms.

Appeals in respect of warrants issued under subsection 19aw (1) or that subsection as applied

"19ay. (1) Where a prescribed authority issues a warrant in respect of a person under subsection 19aw (1), or under that subsection as applied by section 19ax, the person may appeal to the Supreme Court of the State or Territory in which the person was arrested against:

(a) the issue of the warrant; or

(b) the calculation, for the purposes of the warrant, of the unserved part of any outstanding sentence; or

(c) the fixing, for the purposes of the warrant, of a non-parole period or the refusal to fix such a period.

"(2) An appeal may be begun by lodging a notice of appeal with the court within 21 days after the day on which the warrant to which the appeal relates was issued.

"(3) An appeal is to be by way of rehearing, but the court may have regard to any evidence given before the prescribed authority.

"(4) The court may, on the application of the person making the appeal, order the release of the person from prison pending the disposal of the appeal, on such conditions as the court determines, and, upon the court's so doing, the warrant appealed against shall not, unless the person breaks a condition of his or her release, be executed or further executed before the appeal is disposed of.

"(5) The court must:

(a) if the appeal is against the issue of the warrant—either confirm or revoke the warrant; or

    (b) if the appeal is against the calculation of the unserved part of any outstanding sentence—either confirm the warrant or vary the warrant, so far as it relates to that calculation, as specified