Queensland Numbered Acts

CORRECTIVE SERVICES AND OTHER LEGISLATION AMENDMENT ACT 2020 - SECT 31

31 Amendment of s 208B (Parole board or prescribed board member may suspend parole order and issue warrant)

(1) Section 208B , heading—
omit, insert—

208B Decision on request for immediate suspension of parole order

(2) Section 208B (1) —
omit, insert—

(1) If a request is made under section 208A, the parole board or a prescribed board member must as soon as practicable consider the request.

(1A) However, the parole board or a prescribed board member may decide the priority for considering requests made under section 208A, having regard to the seriousness of the nature of the grounds on which the requests are made.

(1B) If the parole board considers the request, the parole board must decide whether to suspend or cancel the parole order.

(1C) If a prescribed board member considers the request, the prescribed board member must decide whether to suspend the parole order.

(3) Section 208B (2) , from ‘The’ to ‘only’—
omit, insert—
The parole board may decide to suspend or cancel the parole order, or the prescribed board member may decide to suspend the parole order, only

(4) Section 208B (3) , after ‘suspend’—
insert—
or cancel

(5) Section 208B (4) , from ‘If’ to ‘order’—
omit, insert—
If the parole board decides not to suspend or cancel the parole order, or the prescribed board member decides not to suspend the parole order

(6) Section 208B (5) (b) , ‘prescribed by regulation’—
omit.

(7) Section 208B (8) —
omit, insert—

(8) When arrested, the prisoner must be taken to a prison—

(a) if the order was suspended—to be kept there for the suspension period; or

(b) if the order was cancelled—to serve the unexpired portion of the prisoner’s period of imprisonment.

Notes—

1 See section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is suspended.

2 See section 112(1)(a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is suspended.

(8) Section 208B (1A) to (8) —
renumber as section 208B (2) to (11) .