Commonwealth Numbered Regulations - Explanatory Statements

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CRIMES AMENDMENT REGULATIONS 2003 (NO. 4) 2003 NO. 306

Section 91 of the Crimes Act 1914 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Part IB of the Act provides for the sentencing, imprisonment and release on parole of federal offenders. A federal offender is a person convicted of an offence against a law enacted by the Commonwealth. Under the provisions for leave of absence and prerelease schemes applicable to federal offenders in section 19AZD of this Part, a law of a State or Territory providing for a State or Territory offender to be granted leave of absence from prison or release from prison under a pre-release permit scheme applicable to State or Territory offenders may be prescribed in respect of federal offenders. A State or Territory offender is a person convicted of an offence against a law enacted by a State or Territory. Regulation 5 of the Crimes Regulations 1990 (the Principal Regulations) prescribes State and Territory laws for the purposes of section 19AZD of the Act.

The purpose of the Regulations is to amend the Principal Regulations to:

•       insert a reference to "re-entry release orders" made under the Sentence Administration Act 2003 (WA); and

•       note that "work release orders" made under the Sentence Administration Act 1995 (WA) may still be made in respect of an offender who, immediately before 31 August 2003, was subject to a sentence of imprisonment to which the Sentence Administration Act 1995 (WA) applied.

The Regulations accommodate situations affected by the transition from the Sentence Administration Act 1995 (WA) (repealed on 31 August 2003) to the Sentence Administration Act 2003 (WA).

The Regulations commenced on gazettal.