Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, while a parole order (including a parole order that was, at any time,
in force in Western Australia) is registered under this Act, the laws of
Western Australia apply to and in relation to the parole order and the person
to whom the parole order relates.
(2) If the parole
order registered under this Act was made under a law of another State or a
Territory, the laws of Western Australia apply under subsection (1) as
if —
(a) each
sentence of imprisonment to which the person to whom the parole order relates
was subject immediately before the making of the parole order had been imposed
by the appropriate court of Western Australia;
(b) each
period of imprisonment served by that person for the purpose of each such
sentence had been served for the purpose of the sentence imposed by the
appropriate court of Western Australia; and
(c) the
parole order had been made and were in force under a law of Western Australia.
(3) For the purpose of
subsection (2), the appropriate court of Western Australia, in relation
to a sentence of imprisonment is —
(a)
where the sentence was imposed by a court of summary jurisdiction or by a
court on appeal from such a court — the Magistrates Court; and
(b) in
any other case — the Supreme Court.
(4) If the parole
order registered under this Act has never before been in force in Western
Australia the parole period from the day of registration shall
be —
(a)
where the person was undergoing imprisonment for life when the parole order
was made — such period not exceeding 5 years as the
Minister thinks fit and specifies in the instrument under section 5(1);
(b)
where the person was undergoing detention for an indeterminate period when the
parole order was made —such period not exceeding 2 years as
the Minister thinks fit and specifies in the instrument under
section 5(1);
(c) in
any other case, whichever is the lesser of —
(i)
the period by which the unexpired portion of the term of
imprisonment exceeds the period that has elapsed since the person was released
under the parole order; or
(ii)
2 years.
(5) If the parole
order registered under this Act has previously been in force in Western
Australia the parole period from the day of registration shall
be —
(a) in a
case referred to in subsection (4)(a) or (b) — the
portion of the previous parole period that remained to be completed when the
parole order ceased to be in force in Western Australia;
(b) in
any other case, whichever is the least of —
(i)
the portion of the previous parole period that had not
been completed when the parole order ceased to be in force in Western
Australia;
(ii)
the period by which the unexpired portion of the term of
imprisonment exceeds the period that has elapsed since the person was released
under the parole order; or
(iii)
2 years.
(6) In
subsection (5) "the previous parole period" means —
(a) the
parole period that was applicable to the parole order under the laws of
Western Australia when the parole order was previously in force in Western
Australia; or
(b)
where the parole order has previously been in force in Western Australia
during 2 or more separate periods, the parole period that was applicable to
the parole order during the most recent of those periods.
(7) Where a parole
order registered under this Act is cancelled by or by operation of a law of
Western Australia the person to whom the parole order related shall be
liable —
(a)
where the person was undergoing imprisonment for life when the parole order
was made, to resume serving the sentence which imposed that imprisonment;
(b)
where the person was undergoing detention for an indeterminate period when the
parole order was made, to be further detained at the Governor’s
pleasure;
(c) in
any other case, to serve a period of imprisonment equal to the unexpired
portion of the term of imprisonment less the reduction applicable under
subsection (8) and any reduction applicable under subsection (10).
(8) The period to be
served under subsection (7)(c) shall be reduced by the period beginning
on the day on which the parole order was registered under this Act and
ending —
(a)
where the parole order was cancelled under section 44 of the
Sentence Administration Act 2003 — on the day on which the
cancellation took effect; or
(b)
where the parole order was cancelled by operation of section 67 of the
Sentence Administration Act 2003 —
(i)
on the day on which the offence that brought about the
cancellation occurred; or
(ii)
where the chief executive officer under that Act cannot
ascertain the day referred to in subparagraph (i), on the latest day on
which the offence that brought about the cancellation could have occurred.
(9) Where a parole
order has been registered under this Act on 2 or more occasions
subsection (8) refers to the most recent registration.
(10) The period to be
served under subsection (7)(c) shall, in addition to the reduction under
subsection (8), be reduced by the whole of each previous period (if any)
for which the parole order was in force in Western Australia.
(11) In
subsections (4)(c)(i), (5)(b)(ii) and (7)(c) "the unexpired portion of
the term of imprisonment” means the period of imprisonment which, at the
time of the release of the person under the parole order, remained to be
served before the expiration of the term of imprisonment.
[Section 9 amended by No. 129 of 1987 s. 40;
No. 78 of 1995 s. 100; No. 50 of 2003 s. 29(3); No. 59 of
2004 s. 141.]