Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p28
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 66863–69603

the parole order or licence without giving notice to the person.

Arrest of person whose parole order or licence revoked by Attorney-General

"19av. (1) A constable may, without warrant, arrest a person whose parole order or licence has been revoked by the Attorney-General.

"(2) The Attorney-General or the Director of Public Prosecutions may, in relation to a person whose parole order or licence has been revoked by the Attorney-General, apply to a prescribed authority for a warrant in the form prescribed for the purposes of this subsection for the arrest of the person.

"(3) A person who is arrested under subsection (1) or (2), must, as soon as practicable after that arrest, be brought before a prescribed authority in the State or Territory in which the person is arrested.

Where person on parole or licence notified of revocation

"19aw. (1) Where a prescribed authority before whom a person is brought under section 19av because of an order revoking a parole order or licence is satisfied:

(a) that the person is the person named in that revocation order; and

   (b) that the person was notified by the Attorney-General of the proposal to make the revocation order; and

   (c) that the revocation order is still in force;

the prescribed authority must issue a warrant, in the prescribed form:

   (d) authorising any constable to take the person to a specified prison in the State or Territory in which the person was arrested; and

   (e) directing that the person be detained in prison in that State or Territory to undergo imprisonment for the unserved part of the sentence, or of each sentence, of imprisonment (in this section called the 'outstanding sentence or sentences') that the person was serving or had yet to serve at the time of his or her release; and

   (f) subject to subsection (3), fixing a non-parole period in respect of the outstanding sentence or sentences.

"(2) If the prescribed authority cannot complete the hearing under subsection (1) immediately, the prescribed authority may issue a warrant for the remand of the person in custody pending completion of the hearing.

"(3) The prescribed authority is not required to fix a non-parole period under paragraph (1) (f) if:

    (a) the prescribed authority considers it inappropriate to do so because of the nature of the breach of the conditions of the order or licence that led to its revocation; or

    (b) the unserved part of the outstanding sentence or sentences is, or aggregates, 3 months or less.

"(4) Where a prescribed authority issues a warrant, the prescribed authority must specify in the warrant the particulars of the unserved part of each outstanding sentence and, if a non-parole period is fixed, particulars of that period.