Parole (Amendment) Act (No 2) 1988 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Parole (Amendment) Ordinance (No. 2) 1988

No. 39 of 1988

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 30 June 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GARY PUNCH

Minister of State for the Arts
and Territories

An Ordinance to amend the Parole Ordinance 1976

Short title

1.  This Ordinance may be cited as the Parole (Amendment) Ordinance  (No. 2) 1988.1

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the Parole Ordinance 1976.2

Establishment and constitution of Parole Board

3.  Section 9 of the Principal Ordinance is amended by omitting subsection (5) and substituting the following subsection:

“(5)  A person shall not be appointed as the Chairperson unless he or she—

(a)is, or has been—

(i)a Judge of the Federal Court of Australia;

(ii)a Judge of the Supreme Court; or

(iii)a Judge of the Supreme Court of a State or the Northern Territory; or

(b)has been enrolled as a legal practitioner (however described) of the High Court or of the Supreme Court of a State or Territory for not less than 5 years.”.

Acting Chairperson

4.  Section 13A of the Principal Ordinance is amended by omitting from subsection (1) “is, or has been, a Judge of the Federal Court of Australia or of the Supreme Court of a State or an internal Territory to act as the Chairman” and substituting “is eligible under subsection 9 (5) to be appointed as Chairperson to act as the Chairperson”.

Secretary to refer reports to Chairperson

5.  Section 17 of the Principal Ordinance is amended by omitting from paragraph (1) (a) “Chairman” and substituting “Chairperson”.

Further amendment

6.  The Principal Ordinance is amended as set out in the Schedule.

SCHEDULE  Section 5

ADDITIONAL AMENDMENT OF PRINCIPAL ORDINANCE

The following provisions of the Principal Ordinance are amended by omitting “Chairman” (wherever occurring) and substituting “Chairperson”:

Subsection 5 (1), paragraph 9 (2) (a), subsections 10 (2) and 12 (1), paragraphs 13A (1) (a) and (b), subsections 13A (4) and (5), 14 (4), 15 (1), (1A), (2A) and (4), 16 (1) and (2) and 16A (1), paragraphs 16A (2) (b) and 17 (1) (b), subsections 17 (2) and (3), paragraph 17 (4) (a), subsections 17 (4) and (5), 18 (1), (2) and (3) and 19 (4).

NOTES

1. Notified in the Commonwealth of Australia Gazette on 13 July 1988.

2. No. 29, 1976 as amended to date.  For previous amendments see Note 2 to No. 3, 1988 and see also No. 3, 1988.