Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 213

213 Transitional provision for s 157 (Eligibility for post-prison community based release)

(1) 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.

(2) However, if—

(a) there is more than 1 recommendation in force immediately before the commencement; and

(b) 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.

(3) 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.

(4) However, if—

(a) there is more than 1 recommendation in force immediately before the commencement; and

(b) 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.

(5) 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.