Commonwealth Numbered Regulations - Explanatory Statements

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CRIMES AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 99

STATUTORY RULES 2000 No. 99

Issued by the authority of the Minister for Justice and Customs

Crimes Act 1914

Crimes Amendment Regulations 2000 (No. 1)

Section 91 of the Crimes Act 1914 (the Act) provides that the Governor-General may make regulations for carrying out or giving effect to the Act.

The purpose of the Crimes Amendment Regulations is to reflect a change in the law of New South Wales regarding the making of an order for home detention by a New South Wales court in respect of a person convicted of an offence against a law of the Commonwealth.

Subsection 20AB(1) of the Act provides that where under the law of a State or Territory a court is empowered to pass certain sentences or make certain orders in respect of a person who has been convicted of an offence against a law of that State or Territory, then those sentences or orders may also be passed or made in respect of persons convicted in that State or Territory of an offence against a law of the Commonwealth. Among those sentences or orders are those that are prescribed for the purposes of the section.

Regulation 6 of the Crimes Regulations 1990 prescribes certain orders for the purposes of section 20AB. Paragraph (g) of regulation 6 prescribes a home detention order made under Part 2 of the Home Detention Act 1996 of New South Wales.

The Home Detention Act of New South Wales was repealed on 31 March 2000. The making of a home detention order in New South Wales is now authorised by Part 2 of the Crimes (Sentencing Procedure) Act 1999, which commenced on 3 April 2000.

Accordingly, the Crimes Amendment Regulations amend paragraph 6(g) of the Crimes Regulations 1990 by deleting reference to the Home Detention Act and replacing it with the Crimes (Sentencing Procedure) Act.

The regulations commence on the date of gazettal.