Corrections Act 1997

Without limiting the generality of section 80(1), the Board must exercise its powers under section 80(1) in relation to a prisoner who is released on parole if the prisoner has not been arrested under subsection (2) and the Board, on the information before it, is satisfied that, if an application were made to the Board for parole, the Board would, in accordance with section 83AB, not release the prisoner on parole.

A police officer may arrest a prisoner who is released on parole if – the prisoner was not released on parole because the Board was satisfied, under section 83AB(2), that there were exceptional circumstances and the police officer is satisfied on reasonable grounds that – the prisoner is a terrorism-linked prisoner; or the prisoner has, before or after his or her release on parole, promoted a terrorist act; or the prisoner was released on parole because the Board was satisfied, under section 83AB(2), that there were exceptional circumstances and the police officer is satisfied on reasonable grounds that after the prisoner was released on parole – there is information, not before the Board at the time when the prisoner was released on parole, that the person is a terrorism-linked person or promoted a terrorist act; or the prisoner is convicted of a terrorist act; or a control order is made in relation to the prisoner; or the prisoner has promoted a terrorist act.

A police officer may, when arresting a person under subsection (2), exercise the same powers as a police officer may exercise when arresting a person who the police officer believes on reasonable grounds has committed an offence.

A police officer who arrests a prisoner under subsection (2) must, as soon as practicable, return the prisoner to prison.

When a prisoner is returned to prison after being arrested under subsection (2), the following provisions apply:the Board, within 14 days after the prisoner is so returned to prison, is to give the prisoner an opportunity to be heard; subject to section 83AC(1), the Board, after complying with paragraph (a), is to exercise in relation to the prisoner the powers conferred on the Board by section 79(1); if the Board revokes the prisoner's release on parole pursuant to section 79(1), the provisions of section 79(5) apply to the prisoner accordingly.