Notice of certain decisions
19AKF Notice of certain decisions
Notice of refusal
If the Commonwealth Parole Board refuses to make a parole order for a person, the Commonwealth Parole Board must give the person a written notice, within 14 days after the refusal, that:
informs the person of the refusal; and
includes a statement of reasons for the refusal; and
sets out the effect of section 19AKC (reconsideration).
Notice of deferral
If the Commonwealth Parole Board defers deciding whether to make or refuse to make a parole order for a person, the Commonwealth Parole Board must, within 14 days after the deferral, give a notice to the person stating:
that the Commonwealth Parole Board has decided to defer deciding whether to make or refuse to make a parole order for the person; and
the reasons for the deferral; and
the date by which the Commonwealth Parole Board must decide whether to make, or refuse to make, a parole order for the person.
7 Subsection 19ALA(1)
Omit “section 19AL in relation to a person, the Attorney‑General may have regard to any of the following matters that are known to the Attorney‑General”, substitute “section 19AKB, 19AKC or 19AKD in relation to a person, the Commonwealth Parole Board may have regard to any of the following matters that are known to the Commonwealth Parole Board”.
8 Subsection 19ALA(2)
Omit “Attorney‑General may consider in making a decision under section 19AL”, substitute “Commonwealth Parole Board may consider in making a decision under section 19AKB, 19AKC or 19AKD”.
9 Subsection 19ALB(1)
Repeal the subsection, substitute:
Despite any law of the Commonwealth, the Commonwealth Parole Board must not decide to make a parole order in relation to a person covered by subsection (2) unless the Commonwealth Parole Board is satisfied that exceptional circumstances exist to justify deciding to make a parole order.
10 Paragraph 19ALB(2)(c)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
11 Subsection 19ALB(3)
Omit “making a parole order in relation to a person who is under 18 years of age, without limiting the matters the Attorney‑General may have regard to, the Attorney‑General”, substitute “deciding to make a parole order in relation to a person who is under 18 years of age, without limiting the matters the Commonwealth Parole Board may have regard to, the Commonwealth Parole Board”.
12 Subparagraph 19AM(1)(a)(ii)
Omit “19AL(3A)”, substitute “19AKD(3)”.
13 Paragraph 19AN(b)
Omit “19AL(3)”, substitute “19AKD(2)”.
14 Paragraph 19AN(c)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
15 Section 19AP
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
16 Subsection 19APA(1)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
17 After paragraph 19APA(1)(d)
Insert:
amending the release date specified in a parole order or licence;
18 Subsection 19APA(2)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
19 After Subdivision A of Division 5 of Part IB
Insert:
This Act’s bill:Explanatory memorandumSecond reading speech
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