Federal Register of Legislation - Australian Government

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Crimes Amendment Regulation 2012 (No. 2)

Authoritative Version
  • - F2012L00577
  • No longer in force
SLI 2012 No. 21 Regulations as made
This regulation amends the Crimes Regulations 1990 to correct and simplify existing regulations 5 and 6 of the Principal Regulations, and to amend regulations 5 and 6 to refer to revised sentencing legislation in Victoria.
Administered by: Attorney-General's
Registered 14 Mar 2012
Tabling HistoryDate
Tabled HR15-Mar-2012
Tabled Senate16-Mar-2012
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Commonwealth Coat of Arms

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.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.