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CORRECTIONS ACT 1986 - SECT 74AAC

Parole decisions where terrorism risk information provided to Board

    (1)     This section applies if—

        (a)     a division of the Board (other than the SVOSO division) is considering whether or not to make an order under section 74 that a prisoner be released on parole in respect of any offence; and

        (b)     the prisoner does not have a terrorism record; and

        (c)     the Secretary provides the Board with terrorism risk information in respect of the prisoner under section 70(4).

    (2)     Before making the order referred to in subsection (1)(a), the division must determine whether or not it is satisfied that there is a risk that the prisoner will commit a terrorism or foreign incursion offence.

    (3)     For the purposes of subsection (2), the division must have regard to—

        (a)     subject to subsection (4), the terrorism risk information referred to in subsection (1)(c); and

        (b)     the record of the court in relation to the prisoner's offending, including the judgment and the reasons for sentence.

    (4)     The division must not have regard to terrorism risk information regarding the prisoner having, or having had, an association with a person or group referred to in section 3B(3)(b)(i), (ii) or (iii) unless the division is satisfied that the prisoner knew—

        (a)     that the person or group had expressed support for—

              (i)     the doing of a terrorist act; or

              (ii)     a terrorist organisation; or

              (iii)     the provision of resources to a terrorist organisation; or

        (b)     that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

        (c)     that the group was a terrorist organisation.

    (5)     If the division is satisfied that there is a risk that the prisoner will commit a terrorism or foreign incursion offence

        (a)     the division must not make an order under section 74 that the prisoner be released on parole; and

        (b)     instead, the division must either—

              (i)     refuse to make an order under section 74 that the prisoner be released on parole; or

              (ii)     subject to subsection (6), refer the decision of whether to make the order to the SVOSO division along with a recommendation that parole should be granted.

    (6)     The division must not refer the decision to the SVOSO division under subsection (5)(b)(ii) unless the division is satisfied that—

        (a)     in the case of a prisoner who has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify releasing the prisoner on parole; or

        (b)     in any other case, there are compelling reasons that justify releasing the prisoner on parole.

    (7)     This section applies whether the prisoner was sentenced to imprisonment in respect of the offence before or after this section comes into operation.

S. 74AAD inserted by No. 36/2023 s. 8.



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