Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 160E

160E Automatic cancellation of parole release or eligibility dates

(1) An offender’s parole release date is automatically cancelled when—

(a) a court fixes another parole release date or parole eligibility date for the offender under this division; or

(b) a court imposes a term of imprisonment on the offender—

(i) for a serious violent offence or a sexual offence; or

(ii) that results in the offender’s period of imprisonment being more than 3 years.

(2) An offender’s parole eligibility date is automatically cancelled when—

(a) a court fixes another parole eligibility date for the offender under this division; or

(b) a court imposes a term of imprisonment on the offender—

(i) for a serious violent offence or a sexual offence; or

(ii) that results in the offender’s period of imprisonment being more than 3 years.

Example—

O is sentenced to a 5-year term of imprisonment on 1 March 2007. The sentencing court fixes O’s parole eligibility date at 1 October 2009. On 1 April 2010, O, whose application for parole in relation to the first term of imprisonment was unsuccessful, is sentenced to a further term of 2 years imprisonment to be served cumulatively with the first term. O’s parole eligibility date of 1 October 2009 is cancelled under subparagraph (ii) and, under section 160C (2) , the court must again fix a date that O is eligible for parole.

(3) Subsections (1) and (2) have effect even though the court fixing the relevant date or imposing the further term of imprisonment is a court of lesser jurisdiction than the court that fixed the current parole release date or current parole eligibility date being cancelled under the subsection.