Transitional provision for s 157 (Eligibility for post-prison community based release)
213 Transitional provision for s 157 (Eligibility for post-prison community based release)
The date recommended under former section 157 as the date that an offender be eligible for post-prison community based release is, after the commencement, taken to be the parole eligibility date fixed for the offender under part 9, division 3.
However, if—
there is more than 1 recommendation in force immediately before the commencement; and
the recommendations recommend different dates as the date the offender is eligible for post-prison community based release;
the date that is latest in time is taken to be the parole eligibility date fixed for the offender under part 9, division 3.
Example—Recommendation A was made on 1 August 2005 and recommends that the offender be eligible for post-prison community based release on 1 January 2007.Recommendation B was made on 1 March 2005 and recommends that the offender be eligible for post-prison community based release on 1 July 2007.The date taken to be the current parole eligibility date fixed for the offender under part 9, division 3 is 1 July 2007.
The date that a period recommended under former section 157 as the non-release period for an offender ends is, after the commencement, taken to be a parole eligibility date fixed for the offender under part 9, division 3.
However, if—
there is more than 1 recommendation in force immediately before the commencement; and
the recommendations recommend different non-release periods for the offender;
the date of the last non-release period to end is taken to be the parole eligibility date fixed for the offender under part 9, division 3.
Example—Recommendation A was made on 1 August 2005 and recommends that the offender’s non-parole period ends on 1 January 2007.Recommendation B was made on 1 March 2005 and recommends that the offender’s non-parole period ends on 1 July 2007.The date taken to be the current parole eligibility date fixed for the offender under part 9, division 3 is 1 July 2007.
In this section—commencement means the commencement of this section.former section 157 means section 157 as in force before the commencement.recommendation means a recommendation made by a court under former section 157 before the commencement that is in force.
This Act’s bill:Explanatory memorandum
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