Document ID: chunk:federal_register_of_legislation:C2015A00153:clause:7_29
Version: federal_register_of_legislation:C2015A00153
Segment Type: clause
Provision Reference: sch 7 cl 29
Character Range: 28473–29962

29  Subsection 19AL(4)
Repeal the subsection, substitute:

Person subject to State or Territory sentence
 (4) Subsections (5) and (6) apply if the person is subject to a State or Territory sentence.
 (5) The Attorney‑General is not required to make, or to refuse to make, a parole order under subsection (1) or paragraph (2)(b) if:
 (a) the State or Territory sentence is a life sentence for which a non‑parole period has not been fixed; or
 (b) the State or Territory sentence ends after the end of the last of the federal sentences to end; or
 (c) the non‑parole period for the State or Territory sentence ends after the end of the federal non‑parole period; or
 (d) the State or Territory sentence ends after the end of the federal non‑parole period.
 (6) However, the Attorney‑General must either make, or refuse to make, a parole order before:
 (a) if paragraph (5)(c) applies (and paragraphs (5)(a) and (b) do not)—the end of the non‑parole period for the State or Territory sentence; or
 (b) if paragraph (5)(d) applies (and paragraphs (5)(a), (b) and (c) do not)—the person's expected release from prison for the State or Territory offence.
Note: The effect of subsections (4) to (6) and subsection 19AM(2) is that a parole order may sometimes still be made for a person while the person is serving a State or Territory sentence, but the person will not be released in accordance with the parole order until the person is released from prison for the State or Territory sentence.