Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p18
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 42951–45583

a sentence or sentences in respect of which it has fixed a non-parole period.

"(3) Application under subsection (1) to the court that has sentenced a person may be dealt with by that court whether or not it is constituted in the way in which it was constituted when the person was sentenced.

Court may only fix non-parole periods or make recognizance release orders for federal sentences of imprisonment

"19aj. This Division does not authorise a court to fix a single non-parole period, or make a recognizance release order, in respect both of federal sentences of imprisonment and State or Territory sentences of imprisonment.

Possible deportation no impediment to fixing non-parole period

"19ak. Where a person is convicted of a federal offence, a court is not precluded from fixing a non-parole period in respect of the sentence imposed for that offence merely because the person is, or may be, liable to be deported from Australia.

"Division 5—Conditional release on parole or licence

Release on parole

"19al. (1) Subject to section 19am, where there has been imposed on a person a federal sentence of, or federal sentences aggregating, more than 3 years but less than 10 years and a non-parole period has been fixed in relation to the sentence or sentences, the Attorney-General must, by order in writing, direct that the person be released from prison on parole:

(a) At the end of the non-parole period; or

    (b) if the Attorney-General considers that in all the circumstances it would be appropriate to do so, on a specified day, not being earlier than 30 days before the end of the non-parole period.

"(2) Subject to section 19am, where there has been imposed on a person a federal life sentence or a federal sentence of, or federal sentences aggregating, 10 years or more and a non-parole              period has been fixed in relation to the person in respect of the sentence or sentences, the Attorney- General must, by order in writing:

(a) direct that the person be released from prison on parole:

(i) at the end of the non-parole period; or

      (ii) if the Attorney-General considers that in all the circumstances it would be appropriate to do so, on a specified day, not being earlier than 30 days before the end of the non-parole period; or

    (b) direct that the person is not to be released on parole at, or at any time before, the end of the non-parole period.

"(3) An order directing that a person not be released at, or at any time before, the end of the non-parole period:

(a) must not be made later than 3 months before the end of the non-parole period; and

(b) must include a statement