97Application of this Part to offenders subject to pre-cd sentences

1. Every offender who was released under Part 6 of the Criminal Justice Act 1985 before the commencement date is deemed to have been released under subpart 2 of this Part and, in particular,—

2. an offender who was released on parole or at his or her final release date is deemed to be on parole under section 28, and any conditions to which the offender is subject are deemed to be release conditions imposed by the Board; and
3. an offender who was released to home detention is deemed to be on home detention under section 35 (as in force before the commencement of section 72 of the Parole Amendment Act 2007), and any conditions to which the offender is subject are deemed to be detention conditions imposed by the Board; and
4. an offender who was released under a direction by the Minister of Corrections under section 94 of the Criminal Justice Act 1985 is deemed to have been released on compassionate release under section 41, and any conditions to which the offender is subject are deemed to be release conditions imposed by the Board; and
5. an offender who was directed to be released under the Criminal Justice Act 1985 before the commencement date, but who (although the direction had not been revoked) had not in fact been released by that date, must be released under the Criminal Justice Act 1985 in accordance with the direction but, once the offender is released, paragraphs (a), (b), and (c) apply as if the offender had been released before the commencement date.

6. If, before the commencement date, an offender is referred under section 97(5) or (6) of the Criminal Justice Act 1985 to the Board for consideration but the Board has not made a decision then, after the commencement date, the offender must be brought to the attention of the chairperson for consideration for referral to the Board under section 25 of this Act.

7. If, before the commencement date, an offender is being considered by the Minister of Corrections for early release under section 94 of the Criminal Justice Act 1985 but the Minister has not made a decision, then, after the commencement date, the offender must be brought to the attention of the chairperson for consideration for referral to the Board under section 41 of this Act.

8. If an offender referred to in subsection (3) was being considered by the Minister of Corrections on the ground referred to in section 94(1)(c) of the Criminal Justice Act 1985, the chairperson may refer the offender, and the Board may release him or her under section 41 of this Act, as if he or she were eligible to be considered under that section.

9. A properly made application for a recall order that is made under the Criminal Justice Act 1985 before the commencement date must, after the commencement date, be treated as if it were a properly made recall application under section 60 of this Act, and sections 65 and 66 apply accordingly.

10. A properly made interim recall order that is made under the Criminal Justice Act 1985 before the commencement date must, after the commencement date, be treated as if it were a properly made interim recall order made under section 62 of this Act, and sections 63 to 66 apply accordingly.

11. An application for an order under section 105 of the Criminal Justice Act 1985 must, after the commencement date, be dealt with as if it were an application under section 107 of this Act.

12. Every order made under section 105 of the Criminal Justice Act 1985 must be reviewed by the Board under section 107(6) of this Act as if the order had been made under that section.

13. Despite subsection (1), every appeal against a decision made under Part 4 or Part 6 of the Criminal Justice Act 1985 must, whether the appeal is lodged before or after the commencement date, be lodged and dealt with as if Part 6 of that Act had not been repealed.