(3) The Board must not make a parole order under S. 78(3) section 74 in respect of the prisoner unless the inserted by No. 31/2014 prisoner has served— s. 9. (a) a further term of imprisonment equal to half of the parole period remaining at the time the prisoner's parole was cancelled; or (b) in the case of a prisoner sentenced to be imprisoned for the term of his or her natural life—3 years imprisonment from the time the prisoner's parole was cancelled. (4) The Board may make a parole order before the S. 78(4) inserted by time referred to in subsection (3) if the Board is No. 31/2014 satisfied that circumstances exist which justify s. 9. doing so. 78A Offence to breach a term or condition of parole S. 78A inserted by No. 46/2013 (1) A prisoner while released under a parole order s. 3 (as must not, without reasonable excuse, breach a amended by No. 25/2014 prescribed term or condition of that parole order. s. 13), amended by Penalty: 3 months imprisonment, 30 penalty No. 41/2015 units or both. s. 21 (ILA s. 39B(1)). (2) Despite anything to the contrary in section 7(1) of S. 78A(2) inserted by the Criminal Procedure Act 2009, a proceeding No. 41/2015 for an offence under subsection (1) may be s. 21. commenced within 2 years after the commission of the alleged offence. Note See sections 16 and 33 of the Sentencing Act 1991.
S. 78(3) inserted by No. 31/2014 s. 9. (3) The Board must not make a parole order under section 74 in respect of the prisoner unless the prisoner has served— (a) a further term of imprisonment equal to half of the parole period remaining at the time the prisoner's parole was cancelled; or (b) in the case of a prisoner sentenced to be imprisoned for the term of his or her natural life—3 years imprisonment from the time the prisoner's parole was cancelled. S. 78(4) inserted by No. 31/2014 s. 9. (4) The Board may make a parole order before the time referred to in subsection (3) if the Board is satisfied that circumstances exist which justify doing so. S. 78A inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13), amended by No. 41/2015 s. 21 (ILA s. 39B(1)). 78A Offence to breach a term or condition of parole (1) A prisoner while released under a parole order must not, without reasonable excuse, breach a prescribed term or condition of that parole order. Penalty: 3 months imprisonment, 30 penalty units or both. S. 78A(2) inserted by No. 41/2015 s. 21. (2) Despite anything to the contrary in section 7(1) of the Criminal Procedure Act 2009, a proceeding for an offence under subsection (1) may be commenced within 2 years after the commission of the alleged offence. Note See sections 16 and 33 of the Sentencing Act 1991.
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