Document ID: chunk:federal_register_of_legislation:C2025C00132:section:19at:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 19AT (pt 1/2)
Character Range: 888629–891087

19AT  What happens when later conviction is quashed?
 (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) the person is later sentenced (the new sentence or sentences) to a term of imprisonment in respect of one or more federal, State or Territory offences committed during the parole period or licence period; and
 (ba) under section 19AQ:
 (i) the parole order or licence is to be taken to have been revoked; and
 (ii) the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences);
then:
 (c) if the person appeals against the conviction or each conviction giving rise to a new sentence and is granted bail, pending the hearing of the appeal or appeals:
 (i) this Act has effect, pending the hearing of that appeal or those appeals, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19AS were of no effect; and
 (ii) the person must be released from prison on the day the person is granted bail; and
 (d) if the appeal court sets aside the conviction or each of the convictions and the person concerned is granted bail or bail is extended pending a retrial of the offence or offences concerned:
 (i) this Act has effect, or continues to have effect, pending the completion of the retrial, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19AS were of no effect; and
 (ii) if the person had not already been released from prison under paragraph (c), the person is to be released on the day the person is granted bail or bail is extended; and
 (e) if the conviction or each conviction appealed against is quashed on appeal or the person is found, on a retrial, not to be guilty of the offence or each of the offences:
 (i) this Act has effect, or continues to have effect, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19AS were of no effect; and
 (ii) if the person had not already been released from prison under paragraph (c) or (d), the person must be released from prison on the day the conviction or each conviction is quashed on appeal or the person is found, on a retrial not to be guilty of the offence or offences; and
 (f) if paragraph (c), (d) or (e)