Western Australian Repealed Acts

This legislation has been repealed.

SENTENCE ADMINISTRATION ACT 1995 - SECT 71

71 .         Effect of cancellation

        (1)         If an early release order, other than a WRO, in respect of a prisoner serving a fixed term is cancelled after the prisoner is released under the order, the prisoner is then liable to resume serving the fixed term in custody and is not entitled to be released until he or she has served the whole of that term.

        (2)         If a WRO in respect of a prisoner serving a fixed term is cancelled after the prisoner is released under the order, the prisoner is then liable to resume serving the fixed term in custody and is to be released in accordance with section 95 of the Sentencing Act 1995 .

        (3)         If a parole order in respect of a prisoner serving a life term is cancelled after the prisoner is released under the order, the prisoner is then liable to resume serving the life term in custody.

        (4)         If a parole order in respect of a prisoner serving indefinite imprisonment is cancelled after the prisoner is released under the order, the prisoner is then liable to resume serving the indefinite imprisonment in custody.

        (5)         If a parole order in respect of a person referred to in section 16 (1) (a) or (b) is cancelled after the person is released under the order, the person is liable to be again kept in strict or safe custody at the Governor’s pleasure.

        (6)         Nothing in this section prevents another early release order being made under this Act in respect of a prisoner.