Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p27
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 64391–67112

the outstanding sentence or sentences shall (except in the case of an outstanding sentence of life imprisonment) be reduced by the period spent in prison after the day the new sentence is or the new sentences are imposed and before the day of the person's release on bail or, if the person is not so released, before the resolution of the appeal.

"(2) If the appeal against the conviction or each conviction giving rise to a new sentence is unsuccessful, section 19as applies, with effect from the day the appeal proceedings are completed, as if the new sentence or new sentences were imposed on that day by the court to which the appeal was made.

"(3) Nothing in subsection (1) prevents a person from being detained in prison under any other law.

Attorney-General may revoke parole order or licence

"19au. (1) The Attorney-General may, by instrument in writing, revoke a parole order or licence at any time before the end of the parole period or licence period:

(a) if the offender has, during that period, failed to comply with a condition of the order or licence; or

    (b) if there are reasonable grounds for suspecting that the offender has, during that period, so failed to comply;

and the instrument of revocation must specify the condition that was breached or is suspected of having been breached.

"(2) Before revoking a parole order or a licence, the Attorney-General must, subject to subsection (3), by notice in the prescribed form, notify the person to whom the order or licence relates of:

    (a) the condition of the order or licence alleged to have been breached; and

    (b) the fact that the Attorney-General proposes to revoke the order or licence at the end of 14 days after the day the notice is issued unless the person, within that period, gives the Attorney-General written

    reasons why the order or licence should not be revoked and those reasons are accepted by the Attorney-General.

"(3) Subsection (2) does not apply where:

    (a) the person's whereabouts are and remain, after reasonable inquiries on behalf of the Attorney-General, unknown to the Attorney-General; or

    (b) there are circumstances of urgency that, in the opinion of the Attorney-General, require the parole order or licence to be revoked without notice being given to the person; or

    (c) the person has left Australia; or

    (d) in the opinion of the Attorney-General it is necessary, in the interests of the administration of justice, to revoke 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