Section 19AP — Crimes Act 1914: Release on licence

(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. (4A) Without limiting the matters to which the Attorney-General may have regard for the purposes of subsection (4), the Attorney-General may have regard to: (a) any extensive cooperation by the person with law enforcement agencies before sentencing that the sentencing court did not take into account; or (b) any extensive cooperation by the person with law enforcement agencies after sentencing; or (c) any serious medical condition the person has that cannot adequately be treated or managed within the prison system. (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) specify whether or not the person is to be released subject to supervision; and (c) if it is proposed that the supervision period for a person released on licence subject to supervision should end before the end of the person’s licence period—specify the day on which the supervision period ends. (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 the licence specifies in accordance with subsection (6) that the person is to be released subject to supervision—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. (10) A licence directing that the offender be released from prison is sufficient authority for the release.