Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT (No. 2) 1989 No. 4 of 1990 - SECT 9

9. Sections 19 and 19A of the Principal Act are repealed and the following
sections, Division and Division heading are substituted: Cumulative, partly
cumulative or concurrent sentences

"19. (1) Where a person who is convicted of a federal offence or federal
offences is at the time of that conviction or those convictions, serving, or
subject to, one or more federal, State or Territory sentences, the court must,
by order, direct when each federal sentence imposed by it for the
first-mentioned offence commences, but so that:

   (a)  each federal sentence does not commence later than the end of the
        sentences the commencement of which has already been fixed or the last
        to end of sentences; and

   (b)  if a non-parole period applies in respect of any State or Territory
        sentences-the first federal sentence to commence after the end of that
        non-parole period commences immediately after the end of the period.

"(2) Where:

   (a)  a person is convicted of 2 or more federal offences at the same
        sitting; and

   (b)  the person is sentenced to imprisonment for more than one of the
        offences the court must, by order, direct when each sentence
        commences, but so that no sentence commences later than the end of the
        sentences the commencement of which has already been fixed or of the
        last to end of those sentences.

"(3) Where:

   (a)  a person is convicted of a federal offence or offences, and a State or
        Territory offence or offences, at the same sitting; and

   (b)  the person is sentenced to imprisonment for more than one of the
        offences the court must, by order, direct when each federal sentence
        commences but so that:

   (c)  each federal sentence does not commence later than the end of the
        sentences the commencement of which has already been fixed or the last
        to end of sentences; and

   (d)  if a non-parole period applies in respect of any State or Territory
        sentences - the first federal sentence to commence after the end of
        that non-parole period commences immediately after the end of the
        period.

"(4) For the purpose of fixing the commencement of a sentence under this
section, a reference in this section to a sentence the commencement of which
has already been fixed includes a reference to another sentence imposed at the
same time as the first-mentioned sentence. Detention of person in State or
Territory prisons

"19A. A federal offender who is ordered by a court or a prescribed authority
to be detained in prison in a State or Territory, may be detained in any
prison in that State or Territory and may be removed from one prison to
another prison in that State or Territory as if the person were detained as a
State offender or Territory offender. Remissions and reductions of sentences

"19AA. (1) A law of a State or Territory that provides for the remission or
reduction of State or Territory sentences (other than such part of the law as
relates to the remission or reduction of non-parole periods of imprisonment or
of periods of imprisonment equivalent to pre-release periods of imprisonment
in respect of recognizance release orders) applies in the same way to the
remission or reduction of a federal sentence in a prison of that State or
Territory, being a sentence imposed after the commencement of this section.

"(2) Where a law of a State or Territory provides that a person is to be taken
to be serving a State or Territory sentence during the period from the time of
release under a parole order or licence (however called) until the parole
order or licence is, or is taken to be, revoked, the law:

   (a)  is, for the purposes of subsection (1), to be taken to be providing
        for the remission or reduction of sentences; and

   (b)  applies to any calculation of the part of a federal sentence remaining
        to be served at the time of a federal offender's release under a
        federal parole order or licence as if the sentence were a State or
        Territory sentence.

"(3) Where a federal offender who is released on parole or licence and whose
parole order or licence has subsequently been revoked does not get the of
subsection (2) in calculating the part of any federal sentence of imprisonment
remaining to be served at the time of release:

   (a)  a court fixing a new non-parole period in respect of such a person
        under section 19AR; or

   (b)  a prescribed authority fixing a non-parole period in respect of such a
        person under section 19AW; must have regard to the period of time
        spent by the person on parole or licence before that parole order or
        licence is revoked or is to be taken to have been revoked.

"(4) A law of a State or Territory that provides for the remission or
reduction, by reason of industrial action taken by prison warders, of the
non-parole period of a State or Territory sentence applies in the same way to
the remission or reduction:

   (a)  of a federal non-parole period to be served in a prison in that State
        or Territory; and

   (b)  of a federal pre-release period to be served in that State or
        Territory.

"Division 4-The fixing of non-parole periods and the making of
recognizance release orders When court must fix a non-parole period

"19AB. (1) Where:

   (a)  a person is convicted of a federal offence or of 2 or more federal
        offences at the same sitting; and

   (b)  the court imposes on the person a life sentence, or a sentence or
        sentences exceeding, or exceeding in the aggregate, 3 years; the court
        must fix a single non-parole period in respect of the sentence or
        sentences unless it makes a recognizance release order.

"(2) Where:

   (a)  while a person is in prison and is serving or subject to a federal
        sentence, a further federal sentence is imposed on the person; and

   (b)  the result is that the person is to serve or to complete a federal
        life sentence or federal sentences the unserved portion or portions of
        which exceeds, or exceed in the aggregate, 3 years; the court imposing
        the further sentence must fix a single non-parole period in respect of
        all federal sentences the person is to serve or complete unless it
        makes a recognizance release order.

"(3) A single non-parole period fixed under subsection (2) must not be such as
to render the person eligible to be released earlier than would have been the
case if the further sentence had not been imposed. Persons already subject to
a non-parole period or recognizance release order

"19AC. (1) Where:

   (a)  a non-parole period (in this section called the 'previous non-parole
        period') has been fixed in respect of a federal sentence or federal
        sentences; and

   (b)  while the offender is serving the non-parole period, a court imposes a
        further federal sentence on the person; the court must fix a new
        single non-parole period in respect of all federal sentences the
        offender is to serve or complete and must not make a recognizance
        release order in respect of any of them.

"(2) The new single non-parole period fixed at the time of the imposition of
the further sentence:

   (a)  is to be treated as having superseded the previous non-parole period;
        and

   (b)  must not to be such as to allow the person to be released on parole
        earlier than would have been the case if the further sentence had not
        been imposed.

"(3) Where:

   (a)  a person is subject to a recognizance release order (in this section
        called the 'previous recognizance release order') made in respect of a
        federal sentence or federal sentences; and

   (b)  before the person is released under that order, a court imposes a
        further federal sentence on the person; the court must:

   (c)  make a new recognizance release order in respect of all federal
        sentences the person is to serve or complete; or

   (d)  if subsection 19AB (2) applies-fix a non-parole period in respect of
        all such sentences.

"(4) The new recognizance release order made, or non-parole period fixed, at
the time of the imposition of the further sentence:

   (a)  is to be treated as having superseded the previous recognizance
        release order; and

   (b)  must not be such as to allow the person to be released earlier than
        would have been the case if the further sentence had not been imposed.
        When court must make a recognizance release order

"19AD. (1) Where:

   (a)  a person is convicted of a federal offence or of 2 or more federal
        offences at the same sitting; and

   (b)  the court imposes on the person a sentence that does not exceed, or
        sentences that, in the aggregate, do not exceed, 3 years; the court
        must make a recognizance release order in respect of the sentence or
        those sentences and must not fix a non-parole period.

"(2) Where:

   (a)  while a person is in prison and is serving or subject to a federal
        sentence, a further federal sentence is imposed on the person; and

   (b)  the result is that the person is to serve or to complete federal
        sentences the unserved portions of which do not exceed, in the
        aggregate, 3 years; the court must make a recognizance release order
        in respect of all federal sentences to be served or completed by the
        person and must not fix a non-parole period.

"(3) A recognizance release order made under subsection (2) shall not be such
as to render the person eligible to be released earlier than would have been
the case if the further sentence had not been imposed. Court may decline to
fix non-parole period or to make recognizance release order in certain cases

"19AE. (1) Where:

   (a)  at a particular time, a court would be required by section 19AB, 19AC
        or 19AD to fix a non-parole period, or make a recognizance release
        order, in relation to a person; and

   (b)  at that time, the person is not already subject to a federal
        non-parole period; the court is not required to fix a non-parole
        period, or make a recognizance release order, if, having regard to the
        nature and circumstances of the offence or offences concerned and to
        the antecedents of the person, the court is satisfied that it is not
        appropriate to do so.

"(2) Where a court decides, under this section, that it is inappropriate
either to fix a non-parole period, or to make a recognizance release order,
the court:

   (a)  shall state its reasons for so deciding; and

   (b)  shall cause the reasons to be entered in the records of the court.
        Non-parole period or pre-release periods not to exceed remitted
        sentence

"19AF. (1) Where a court is required to fix a non-parole period or make a
recognizance release order in respect of a federal sentence or sentences, the
court must fix a non-parole period that ends, or make a recognizance release
order such that the pre-release period ends, not later than the end of the
sentence, or of the last to be served of the sentences, as reduced by any
remissions or reductions under section 19AA.

"(2) This section does not restrict the length of the non-parole period or the
pre-release period in respect of a life sentence or sentences that include
such a sentence. Non-applicability of State or Territory remission or
reduction laws to be taken into account

"19AG. In calculating a non-parole period or pre-release period, in respect of
a federal sentence, the court fixing that period:

   (a)  must take into account the fact that, under section 19AA, any
        non-parole period, or pre-release period specified in a recognizance
        release order made, in respect of the sentence will not be subject to
        remission or reduction other than a remission or reduction applying
        under subsection 19AA (4); and

   (b)  must adjust the period accordingly. Failure to fix non-parole period
        or make recognizance release order

"19AH. (1) Where a court fails to fix, or properly to fix, a non-parole
period, or to make, or properly to make, a recognizance release order, under
this Act:

   (a)  that failure does not affect the validity of any sentence; and

   (b)  the court must, at any time, on application by the Attorney-General,
        the Director of Public Prosecutions or the person, by order, set aside
        any non-parole period or recognizance release order that was not
        properly fixed or made and fix a non-parole period or make a
        recognizance release order under this Act.

"(2) A court shall not, for the purposes of subsection (1), be taken to have
failed to fix a non-parole period in respect of a sentence or sentences in
respect of which it has made a recognizance release order or to have failed to
make a recognizance release order in respect of 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 of reasons why the order was made; and

   (c)  if the Attorney-General proposes to reconsider, at a later time, the
        question of the release of the person on parole - must indicate when
        the Attorney-General proposes to reconsider the question;

"(4) A parole order in relation to a federal sentence: and a copy of the order
must be given to the person within 14 days after it was made.

   (a)  if the sentence is imprisonment for life in respect of that federal
        offence or any of those federal offences-must specify the day on which
        the parole period ends, being a day not earlier than 5 years after the
        person is released on parole; and

   (b)  if it is proposed that, for any part of the parole period, the person
        should be subject to supervision-must specify the day on which the
        supervision period ends, being a day fixed in accordance with the
        requirements of the definition of 'supervision period' in
        subsection 16 (1).

"(5) A parole order directing that a person be released from prison is
sufficient authority for the release if, and only if, the person indicates, in
writing, his or her acceptance of the conditions to which the order is subject
by certifying to that effect either on the original parole order or on a copy
of that order. Person not to be released on parole if still serving State or
Territory sentence

"19AM. (1) Where:

   (a)  at the time when a federal non-parole period (not being in respect of
        a life sentence) ends, the offender is serving, or is to serve, a
        State or Territory sentence (other than a life sentence for which a
        non-parole period has not been fixed); and

   (b)  if a federal parole order were made at that time, the parole period
        would end while the offender would still be imprisoned in respect of
        the State or Territory offence; the parole order must not be made.

"(2) Where:

   (a)  at the time when a federal non-parole period (not being in respect of
        a life sentence) ends, the offender is serving, or is to serve, a
        State or Territory sentence (other than a life sentence for which a
        non-parole period has not been fixed); and

   (b)  if a federal parole order were made at that time, the parole period
        would end after the offender was released, or released on parole, in
        respect of the State or Territory offence; the Attorney-General must
        make the parole order, but it does not take effect before the offender
        is eligible to be so released.

"(3) Where, at the time when a federal non-parole period in respect of a life
sentence, or sentences that include a life sentence, ends, the offender is
serving, or is to serve, a State or Territory sentence (other than a life
sentence for which a non-parole period has not been fixed), the
Attorney-General must not make a parole order such that the parole period
would end while the offender would still be imprisoned in respect of the State
or Territory offence.

"(4) Where, at the time when a federal non-parole period ends, the offender is
serving, or is to serve, a State or Territory life sentence for which a
non-parole period has not been fixed, a federal parole order must not be made.
Parole order is subject to conditions

"19AN. (1) A parole order under section 19AL:

   (a)  is subject to the condition that the offender must, during the parole
        period, be of good behaviour and not violate any law; and

   (b)  if, under subsection 19AL (4), the day on which a supervision period
        ends is fixed in the parole order-is subject to the condition that the
        offender must, during the supervision period, be subject to the
        supervision of a parole officer or other person specified in the order
        and obey all reasonable directions of that officer or other person;
        and

   (c)  is subject to such other conditions (if any) as the Attorney-General
        specifies in the order.

"(2) The Attorney-General may, at any time before the end of the parole
period, by order in writing, amend a parole order by varying or revoking a
condition of the parole order or by imposing additional conditions in the
parole order.
  "(3)   An amendment of the parole order does not have effect until notice in
writing of the amendment is given to the offender, being notice given before
the end of the parole period. Release on licence

"19AP. (1) Where a person is serving a federal sentence (whether or not a
non-parole period has been fixed, or a recognizance release order made, in
relation to that sentence), the Attorney-General may grant a licence under
this subsection for the person to be released from prison.

"(2) A person who is serving a federal sentence of imprisonment (whether or
not a non-parole period has been fixed, or a recognizance release order made,
in relation to that sentence), or another person acting on that person's
behalf, may apply to the Attorney-General for a licence under this subsection
for the first-mentioned person to be released from prison.

"(3) An application under subsection (2) must:

   (a)  be in writing; and

   (b)  specify the exceptional circumstances relied on to justify the grant
        of the licence.

"(4) The Attorney-General must not grant a licence under this section unless
he or she is satisfied that exceptional circumstances exist which justify the
grant of the licence.

"(5) The Attorney-General is not required to consider an application under
subsection (2) in respect of a person if an application has been made under
that subsection in respect of that person within one year before the first
mentioned application.

"(6) A licence in relation to a person:

   (a)  if the person is subject to a federal life sentence-must specify the
        day on which the licence period ends, being a day not earlier than 5
        years after the person is released on licence; and

   (b)  if it is proposed that, for any part of the licence period, the person
        should be subject to supervision-must specify the day on which the
        supervision period ends, being a day fixed in accordance with the
        requirements of the definition of 'supervision period' in
        subsection 16 (1).

"(7) A licence:

   (a)  is subject to the condition that the offender must, during the licence
        period, be of good behaviour and not violate any law; and

   (b)  if, under subsection (6), the day on which a supervision period ends
        is fixed in the licence-is subject to the condition that the offender
        must, during the supervision period, be subject to the supervision of
        a person specified in the licence and obey all reasonable directions
        of that person; and

   (c)  is subject to such other conditions (if any) as the Attorney-General
        specifies in the licence.

"(8) The Attorney-General may, at any time before the end of the licence
period, by order in writing, amend a licence by varying or revoking a
condition of a licence or by imposing additional conditions on a licence or by
any or all of those means.

"(9) An amendment of a licence does not have effect until notice of the
amendment is given to the offender, being notice given before the end of the
licence period.
  "(10)   A licence directing that the offender be released from prison is
sufficient authority for the release. When parole order or licence
automatically revoked

"19AQ. (1) Where a person to whom a parole order relates is sentenced to life
imprisonment or to a sentence of, or sentences aggregating, more than 3 months
in respect of a federal, State or Territory offence committed during the
parole period, the parole order is to be taken to have been revoked upon the
imposition of the sentence or sentences.

"(2) If, at the time of imposition of the sentence or sentences, the federal
parole period has already ended, the parole order is to be taken to have been
revoked as from the time immediately before the end of the parole period.

"(3) Where a person to whom a licence relates is sentenced to life
imprisonment or to a sentence of, or sentences aggregating, more than 3 months
in respect of a federal, State or Territory offence committed during the
licence period, the licence is to be taken to have been revoked upon the
imposition of the sentence or sentences.

"(4) If, at the time of imposition of the sentence or sentences, the licence
period has already ended, the licence is to be taken to have been revoked as
from the time immediately before the end of the licence period.

"(5) Where the parole order or licence relating to a person is revoked under
subsection (1) or (3), the person becomes liable to serve that part of the
sentence or each sentence for a federal offence that the person had not served
at the time of his or her release under that order or licence, subject to the
operation of subsection 19AA (2) and subject (except in the case of a life
sentence) to any further remission or reduction of that sentence.

"(6) This section does not apply where the sentence or each sentence referred
to in subsection (1) or (3) is a suspended sentence. Fixing of non-parole
period etc. where parole or licence automatically revoked

"19AR. (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 to life imprisonment or to a term of
        imprisonment of, or terms of imprisonment aggregating, more than 3
        years in respect of a federal offence or federal offences committed
        during the parole period or licence period; and

   (c)  under section 19AQ, because of the imposition of the sentence or
        sentences referred to in paragraph (b) (in this subsection called the
        'new sentence or sentences'):

        (i)    the parole order or licence is to be taken to have been
               revoked; and

        (ii)   the person becomes liable to serve that part of each of the
               sentences referred to in paragraph (a) (in this subsection
               called the 'outstanding sentence or sentences') that the person
               had not served at the time of release; the court imposing the
               new sentence or sentences must fix a single new non-parole
               period in respect of the new sentence or sentences and the
               outstanding sentence or sentences having regard to the total
               period of imprisonment that the person is liable to serve.

"(2) 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 to a term of imprisonment of, or terms
        of imprisonment aggregating, 3 years or less in respect of a federal
        offence or federal offences committed during the parole period or
        licence period; and

   (c)  under section 19AQ, because of the imposition of the sentence or
        sentences referred to in paragraph (b) (in this subsection called the
        'new sentence or sentences'):

        (i)    the parole order or licence is to be taken to have been
               revoked; and

        (ii)   the person becomes liable to serve that part of each of the
               sentences referred to in paragraph (a) (in this subsection
               called the 'outstanding sentence or sentences') that the person
               had not served at the time of release; then:

   (d)  if one of the outstanding sentences is a sentence of life imprisonment
        or the new sentence or sentences and the unserved part of the
        outstanding sentence or sentences aggregate more than 3 years-the
        court imposing the new sentence or sentences must fix a single new
        non-parole period in respect of the new sentence or sentences and the
        outstanding sentence or sentences; and

   (e)  if the new sentence or sentences and the unserved part of the
        outstanding sentence or sentences aggregate 3 years or less-the court
        imposing the new sentence or sentences must not fix a non-parole
        period but may make a recognizance release order in respect of the new
        sentence or sentences and the outstanding sentence or sentences; and,
        in doing so, the court must have regard to the total period of
        imprisonment that the person is liable to serve.

"(3) 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 to a term or terms of imprisonment in
        respect of one or more State or Territory offences committed during
        the parole period or licence period; and

   (c)  under section 19AQ, because of the imposition of the sentence or
        sentences referred to in paragraph (b) (in this subsection called the
        'new sentence or sentences'):

        (i)    the parole order or licence is to be taken to have been
               revoked; and

        (ii)   the person becomes liable to serve that part of each of the
               sentences referred to in paragraph (a) (in this subsection
               called the 'outstanding sentence or sentences') that the person
               had not served at the time of release; then:

   (d)  if one of the outstanding sentences is a life sentence or the unserved
        part of the outstanding sentence or sentences is or aggregates more
        than 3 years-the court imposing the new sentence or sentences must fix
        a single new non-parole period in respect of the outstanding sentence
        or sentences; and

   (e)  if the unserved part of the outstanding sentence or sentences is or
        aggregates 3 years or less-the court imposing the new sentence or
        sentences must not fix a non-parole period but may make a recognizance
        release order in respect of the outstanding sentence or sentences.

"(4) Where, but for this subsection, the court would be required by subsection
(1), (2) or (3) to fix a non-parole period, the court is not required to do so
if it is satisfied, having regard to the nature and circumstances of the
offence or offences concerned and to the antecedents of the offender, that it
is not appropriate to do so.

"(5) Where a court decides, under this section, that it is inappropriate
either to fix a non-parole period, or to make a recognizance release order,
the court:

   (a)  must state its reasons for so deciding; and

   (b)  must cause these reasons to be entered in the records of the court.

"(6) Without limiting, by implication, the application of any other provision
of Division 4, sections 19AF, 19AG, 19AJ and 19AK apply, according to their
terms, in relation to the fixing of non-parole periods or the making of
recognizance release orders under this section in the same way as they apply
to the fixing of such periods or the making of such orders under Division 4.

"(7) Without limiting, by implication, the application of any other provision
of Division 4, section 19AH applies, according to its terms, in relation to
the failure to fix, or properly to fix, non-parole periods or the failure to
make, or properly to make, recognizance release orders under this section in
the same way as it applies to such failures in relation to the fixing of such
periods or the making of such orders under Division 4. Court to issue warrant
of detention where person required to serve balance of sentence

"19AS. (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)  under section 19AQ, because of the imposition of one or more federal
        State or Territory sentences (in this subsection called the 'new
        sentence or sentences'):

        (i)    that parole order or licence is to be taken to have been
               revoked; and

        (ii)   the person becomes liable to serve that part of each of the
               sentences referred to in paragraph (a) (in this subsection
               called the 'outstanding sentence or sentences') that he or she
               had not served at the time of release; then:

   (c)  the court imposing the new sentence or sentences must issue a warrant
        authorising the person to be detained in prison to undergo
        imprisonment for the unserved part of the outstanding sentence or
        sentences; and

   (d)  the person must begin to serve the unserved part of the outstanding
        sentence or of the first to be served of the outstanding sentences on
        the day that the new sentence is, or the new sentences are, imposed;
        and

   (e)  the unserved part of the outstanding sentence or of each of the
        outstanding sentences must be served in the State or Territory where
        the new sentence is, or the new sentences are, imposed.

"(2) Where the court fails to issue a warrant under paragraph (1) (c), the
Director of Public Prosecutions may apply to that court for such a warrant.
What happens when later conviction is quashed?

"19AT. (1) Where:

   (a)  a person who is serving or is to serve a federal sentence or sentences
        of imprisonment is released on parole or licence under this Act; and

   (b)  under section 19AQ, because of the imposition of one or more federal,
        State or Territory sentences (in this subsection called the 'new
        sentence or sentences'):

        (i)    that parole order or licence is to be taken to have been
               revoked; and

        (ii)   the person becomes liable to serve that part of each of the
               sentences referred to in paragraph (a) (in this subsection
               called the 'outstandin g sentence or sentences' ) that he or
               she had not served at the time of release; 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) applies-the unserved part of 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 by the Attorney-General.

"(2) The Attorney-General or the Director of Public Prosecutions may, in
relation to a person whose parole order or licence has been revoked by the
Attorney-General, apply to a prescribed authority for a warrant in the form
prescribed for the purposes of this subsection for the arrest of the person.

"(3) A person who is arrested under subsection (1) or (2), must, as soon as
practicable after that arrest, be brought before a prescribed authority in the
State or Territory in which the person is arrested. Where person on parole or
licence notified of revocation

"19AW. (1) Where a prescribed authority before whom a person is brought under
section 19AV because of an order revoking a parole order or licence is
satisfied:

   (a)  that the person is the person named in that revocation order; and

   (b)  that the person was notified by the Attorney-General of the proposal
        to make the revocation order; and

   (c)  that the revocation order is still in force; the prescribed authority
        must issue a warrant, in the prescribed form:

   (d)  authorising any constable to take the person to a specified prison in
        the State or Territory in which the person was arrested; and

   (e)  directing that the person be detained in prison in that State or
        Territory to undergo imprisonment for the unserved part of the
        sentence, or of each sentence, of imprisonment (in this section called
        the 'outstanding sentence or sentences') that the person was serving
        or had yet to serve at the time of his or her release; and

   (f)  subject to subsection (3), fixing a non-parole period in respect of
        the outstanding sentence or sentences.

"(2) If the prescribed authority cannot complete the hearing under subsection
(1) immediately, the prescribed authority may issue a warrant for the remand
of the person in custody pending completion of the hearing.
  "(3)   The prescribed authority is not required to fix a non-parole period
under paragraph (1) (f) if:

   (a)  the prescribed authority considers it inappropriate to do so because
        of the nature of the breach of the conditions of the order or licence
        that led to its revocation; or

   (b)  the unserved part of the outstanding sentence or sentences is, or
        aggregates, 3 months or less.

"(4) Where a prescribed authority issues a warrant, the prescribed authority
must specify in the warrant the particulars of the unserved part of each
outstanding sentence and, if a non-parole period is fixed, particulars of that
period.

"(5) A non-parole period fixed under this section has effect as if it had been
fixed by a court in respect of the outstanding sentence or sentences and
section 19AL applies in relation to that non-parole period according to its
terms.

"(6) Where a person brought before a prescribed authority under section 19AV
is dealt with in accordance with this section, the unserved part of any
outstanding sentence or sentences that the person was serving or had yet to
serve at the time of his or her release, is to be reduced by any period of
remand under subsection (2). Where person on parole or licence not notified of
revocation

"19AX. (1) Where a prescribed authority before whom a person is brought under
section 19AV because of an order revoking a parole order or licence is
satisfied that the person so brought is the person named in that revocation
order but is not satisfied that the person was notified by the
Attorney-General of the proposal to make that revocation order, the prescribed
authority must:

   (a)  immediately notify the Attorney-General that the person has been
        brought before that prescribed authority; and

   (b)  order that the person be detained in custody until the
        Attorney-General orders that the revocation order be rescinded or
        until the completion of proceedings under subsection 19AW (1) as
        applied by subsection (6) of this section.

"(2) Where the Attorney-General is notified that a person has been brought
before a particular prescribed authority, the Attorney-General must, as soon
as practicable, notify the person, in writing, of the conditions of the parole
order or licence alleged to have been breached and request that the person
give him or her, within 14 days of notification of those reasons, a written
submission stating why that parole order or licence should not have been
revoked.

"(3) If, within 14 days of a person receiving notification under subsection
(2), the person fails to make a written submission to the Attorney-General,
the Attorney-General must, as soon as practicable after the end of that
period, notify the prescribed authority of a decision not to rescind the
revocation order.

"(4) If, within 14 days of notification under subsection (2), the person makes
a written submission to the Attorney-General, the Attorney-General must
decide, as soon as practicable after receiving that submission, and on the
basis of that submission and any other material the Attorney-General considers
to be relevant, whether or not to rescind the revocation order and must, as
soon as practicable after so deciding, inform the prescribed authority and the
person, in writing, of the decision.

"(5) If the prescribed authority is notified of a decision to rescind the
revocation order, the prescribed authority must immediately order the person
to be released from prison.

"(6) If the prescribed authority is notified of a decision not to rescind the
revocation order made in respect of the person, subsection 19AW (1) applies to
the person so as to authorise the issue of a warrant as if the prescribed
authority had been satisfied of the matters referred to in paragraphs 19AW (1)
(a), (b) and (c) and subsections 19AW (3), (4), (5) and (6) apply to that
person according to their terms. Appeals in respect of warrants issued under
subsection 19AW (1) or that subsection as applied

"19AY. (1) Where a prescribed authority issues a warrant in respect of a
person under subsection 19AW (1), or under that subsection as applied by
section 19AX, the person may appeal to the Supreme Court of the State or
Territory in which the person was arrested against:

   (a)  the issue of the warrant; or

   (b)  the calculation, for the purposes of the warrant, of the unserved part
        of any outstanding sentence; or

   (c)  the fixing, for the purposes of the warrant, of a non-parole period or
        the refusal to fix such a period.

"(2) An appeal may be begun by lodging a notice of appeal with the court
within 21 days after the day on which the warrant to which the appeal relates
was issued.

"(3) An appeal is to be by way of rehearing, but the court may have regard to
any evidence given before the prescribed authority.

"(4) The court may, on the application of the person making the appeal, order
the release of the person from prison pending the disposal of the appeal, on
such conditions as the court determines, and, upon the court's so doing, the
warrant appealed against shall not, unless the person breaks a condition of
his or her release, be executed or further executed before the appeal is
disposed of.
  "(5) The court must:   (a)  if the appeal is against the issue of the
warrant-either confirm or revoke the warrant; or

   (b)  if the appeal is against the calculation of the unserved part of any
        outstanding sentence-either confirm the warrant or vary the warrant,
        so far as it relates to that calculation, as specified in the order;
        or

   (c)  if the appeal is against the fixing of a non-parole period or the
        refusal to fix such a period-either confirm the warrant or vary the
        warrant, if it fixes a non-parole period, as specified in the order.

"(6) Where a warrant is revoked under paragraph (5) (a), the person to whom
the warrant relates, if the court has not already ordered the person's release
under subsection (4), is to be released from prison immediately.

"(7) In this section:
'outstanding sentence' has the same meaning as in section 19AW. Evidence
before prescribed authority

"19AZ. (1) A prescribed authority exercising any powers under this Division
may take evidence on oath or affirmation and for that purpose may administer
an oath or affirmation.

"(2) A prescribed authority exercising any powers under this Division may
summon a person to appear before the prescribed authority to give evidence and
to produce such documents and articles (if any) as are referred to in the
summons.

"(3) A summons under this section shall be served in the same manner as a
summons to a witness to appear before a court of summary jurisdiction in the
State or Territory where the summons under this section is issued.
Disobedience of summons etc.

"19AZA. (1) A person who has been served with a summons to appear before a
prescribed authority must not, without reasonable excuse, fail to appear in
obedience to the summons.

"(2) A person who has been served with a summons to produce a document or
article to a prescribed authority shall not, without reasonable excuse, fail
to produce the document or article.

"(3) A person who appears before a prescribed authority shall not, without
reasonable excuse, refuse to be sworn or make an affirmation or refuse to
produce documents or articles, or to answer questions, that he or she is
required by the prescribed authority to produce or answer.
Penalty: $1,000. Can person be released on parole or licence if earlier parole
order or licence revoked?

"19AZB. A parole order may be made or a licence granted, even if a previous
parole order or licence has been revoked.
Effect of parole order and licence on sentence

"19AZC. (1) Where a parole order is made, or a licence is granted, in relation
to a person:

   (a)  until the parole period or licence period ends without the parole
        order or licence being revoked, or until the person is otherwise
        discharged from imprisonment, the person is to be taken to be still
        under sentence and not to have served the part of any sentence that
        remained to be served at the beginning of the parole period or licence
        period; and

   (b)  if the parole period or licence period ends without the parole order
        or licence being revoked, the person is to be taken to have served the
        part of any sentence that remained to be served at the beginning of
        the parole period or licence period and to have been discharged from
        imprisonment.

"(2) Where a parole order or licence in relation to a person is, under
subsection 19AQ (2) or (4), to be taken to have been revoked as from the time
immediately before the end of the parole period or licence period, subsection
(1) has effect as if the parole period or the licence period had not ended
without the parole order or the licence being revoked. State and Territory
laws providing for leave of absence, pre-release etc. to apply to federal
offenders

"19AZD. (1) A law of a State or Territory providing for a State or Territory
offender to be granted leave of absence from prison, including leave of
absence granted by order of a court, applies to a federal offender who is
serving a sentence in that State or Territory as if the federal offender were
a State or Territory offender serving an equivalent State or Territory
sentence in that State or Territory.

"(2) A law of a State or Territory providing for a State or Territory offender
imprisoned in that State or Territory to be released:

   (a)  up to 24 hours before the time at which his or her sentence would
        otherwise have ended; or

   (b)  where the release day falls on a Saturday, a Sunday or a day which is
        a public holiday-on the last day before such a day which is not a
        Saturday, a Sunday or a public holiday;

"(3) A law of a State or Territory providing for a State or Territory applies
to a federal offender who is serving a sentence in that State or Territory as
if the federal offender were a State or Territory offender serving an
equivalent State or Territory sentence in that State or Territory. offender to
be released from prison under a pre-release permit scheme (however called)
that is prescribed for the purposes of this subsection, applies to a federal
offender who is serving a sentence in that State or Territory, subject to any
conditions relating to eligibility to participate that are specified in the
regulations that prescribe that scheme, as if the federal offender were a
State or Territory offender serving an equivalent State or Territory sentence
in that State or Territory.''.