Crimes Amendment Regulation 2012 (No. 2)1
Select Legislative Instrument 2012 No. 21
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Crimes Act 1914.
Dated 8 March 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
JASON CLARE
1 Name of regulation
This regulation is the Crimes Amendment Regulation 2012 (No. 2).
2 Commencement
This regulation commences on the day after it is registered.
3 Amendment of Crimes Regulations 1990
Schedule 1 amends the Crimes Regulations 1990.
Schedule 1 Amendment
(section 3)
[1] Regulations 5 and 6
substitute
5 Prescribed State pre-release permit schemes
(1) For subsection 19AZD (3) of the Act, the pre‑release permit schemes mentioned in the table are prescribed.
| Item | Pre-release permit scheme | Law under which scheme is made |
| 1 | Scheme for releasing a prisoner under a release to work order or a home detention order | Part 1 of Chapter 5 of the Corrective Services Act 2000 of Queensland |
| 2 | Scheme for releasing a prisoner under a work release order | Part 4 of the Sentence Administration Act 1995 of Western Australia |
| 3 | Scheme for releasing a prisoner under a home detention order | Part 5 of the Sentence Administration Act 1995 of Western Australia |
| 4 | Scheme for releasing a prisoner under a re-entry release order | Part 4 of the Sentence Administration Act 2003 of Western Australia |
| 5 | Scheme for releasing a prisoner to serve a period of home detention | Division 6A of Part 4 of the Correctional Services Act 1982 of South Australia |
Note Some of the laws mentioned in the table have been repealed but the prescribed schemes continue to have some effect under transitional provisions.
(2) A federal offender who is a non‑citizen is not eligible to participate in a pre‑release permit scheme prescribed in subregulation (1) if participation would result in the offender:
(a) becoming an unlawful non‑citizen; and
(b) being liable to detention and removal from Australia under the Migration Act 1958.
(3) A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre‑release permit scheme prescribed in subregulation (1) if participation would make the offender liable for detention and deportation from Australia under that Act.
(4) A person convicted of a federal offence is not eligible to participate in the pre‑release permit scheme mentioned in item 3 of the table in subregulation (1) if the person is subject to a recognizance release order in relation to the offence.
6 Prescribed State and Territory orders
For section 20AB of the Act, the orders mentioned in the table are prescribed.
| Item | Prescribed order | Law under which order is made |
| 1 | Home detention order | Part 2 of the Crimes (Sentencing Procedure) Act 1999 of New South Wales |
| 2 | Intensive correction order | (a) Section 7 of the Crimes (Sentencing Procedure) Act 1999 of New South Wales; or (b) Division 6 of Part 4 of the Fines Act 1996 of New South Wales |
| 3 | Community correction order | Part 3A of the Sentencing Act 1991 of Victoria |
| 4 | Intensive correction order | Part 6 of the Penalties and Sentences Act 1992 of Queensland |
| 5 | Community based order | Part 9 of the Sentencing Act 1995 of Western Australia |
| 6 | Intensive supervision order | Part 10 of the Sentencing Act 1995 of Western Australia |
| 7 | Good behaviour order | Part 3.3 of the Crimes (Sentencing) Act 2005 of the Australian Capital Territory |
| 8 | Home detention order | Chapter 2 of the Rehabilitation of Offenders (Interim) Act 2001 of the Australian Capital Territory |
| 9 | Order setting a period of a sentence of imprisonment to be served by periodic detention | Crimes (Sentencing) Act 2005 of the Australian Capital Territory |
| 10 | Home detention order | Subdivision 2 of Division 5 of Part 3 of the Sentencing Act 1995 of the Northern Territory |
Note Some of the laws mentioned in the table have been repealed but the prescribed orders continue to have some effect under transitional provisions.