South Australian Current Acts South Australian Current Acts71—Variation or revocation of parole conditions
(1) Where a person has
been released on parole from a sentence other than a sentence of life
imprisonment, the Board may, on the application of that person or of its own
motion, vary or revoke a condition to which the parole is subject or impose
further conditions on the parole.
(2) Where a person has
been released on parole from a sentence of life imprisonment, the Board may,
on the application of that person or an interested person, or of its own
motion, vary or revoke a condition to which the parole is subject or impose
further conditions on the parole.
(3) The Board
cannot—
(a) in
the case of a person released on parole from a sentence other than a sentence
of life imprisonment—exercise its powers under this section of its own
motion, unless it has given reasonable notice of its intention to do so to
that person and has considered any submissions made by the person on the
matter; or
(b) in
the case of a person released on parole from a sentence of life
imprisonment—exercise its powers under this section—
(i)
of its own motion, unless it has given reasonable notice
of its intention to do so to that person and each interested person and has
considered any submissions made by any such person on the matter; or
(ii)
on application from the person unless it has given
reasonable notice of its intention to do so to each interested person and has
considered any submissions made by any such person on the matter.
(4) The Board cannot
make an order under this section in relation to a person who is under the
supervision of a community corrections officer unless it has obtained and
considered a report from the CE.
(5) The Board may only
vary or revoke the conditions imposed by section 68(1)(a)(ia) and
(iii)(C) on the release on parole of a person if the Board is satisfied
that—
(a)
there are cogent reasons to do so; and
(b) the
possession of a firearm, ammunition or part of a firearm by the person does
not represent an undue risk to the safety of the public.
(6) In this
section—
"interested person" means any of the following persons:
(a) the
Attorney-General;
(b) the
Commissioner of Police;
(c) the
Commissioner for Victims' Rights.