Document ID: chunk:federal_register_of_legislation:C2008C00388:section:8a:p1
Version: federal_register_of_legislation:C2008C00388
Segment Type: section
Provision Reference: s 8A (pt 1/3)
Character Range: 13588–16140

8A  Licences for prisoners to be at large

 (1) In this section:

licence means a licence to be at large granted under the next succeeding subsection.

prescribed authority means:
 (a) a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate of a State and in respect of whom an arrangement in force under subsection (15) of this section is applicable; or
 (b) a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate, or a District Officer or Assistant District Officer, of a Territory.

the prescribed period, in relation to a licence, means:
 (a) if the prisoner to whom the licence was granted was, at the time when the licence was granted, serving a term of imprisonment—the period commencing on the day on which the licence was granted and ending on the day which, if no remissions of his or her sentence were granted, would be the last day of that term; or
 (b) if the prisoner to whom the licence was granted was, at the time when the licence was granted, being detained in prison by reason of his or her having been declared to be a habitual criminal—the period of three years commencing on the day on which the licence was granted.

 (2) Where a prisoner has been removed to a State or Territory in pursuance of this Act (not being a person referred to in paragraph (a) or (b) of subsection (2) of section nineteen A of the Crimes Act 1914‑1960), the Governor‑General may, if he or she thinks it proper so to do in the circumstances, grant to the prisoner by writing under his or her hand, a licence to be at large.

 (3) A licence is sufficient authority for the release from prison of the person to whom it is granted.

 (4) A licence is subject to such conditions, if any, as are specified in the licence.

 (5) The Governor‑General may, at any time before the expiration of the prescribed period, by writing under his or her hand:
 (a) vary or revoke a condition of a licence or impose additional conditions; or
 (b) revoke a licence.

 (6) The varying of a condition, or the imposing of an additional condition, under the last preceding subsection does not have effect until notice thereof has been given to the person to whom the licence was granted, being notice given before the expiration of the prescribed period.

 (7) Where:
 (a) a licence granted to a person is revoked; or
 (b) the person to whom a licence has been granted has, during the prescribed period, failed to comply with a condition of the licence or there are reasonable grounds for suspecting that he