Commonwealth Numbered Regulations - Explanatory Statements

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CRIMES AMENDMENT REGULATIONS 2003 (NO. 5) 2003 NO. 307

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 1B of the Act provides for the sentencing, imprisonment and release on parole of federal offenders. A federal offender is a person who commits an offence against a law enacted by the Commonwealth. Under the additional sentencing provisions in section 20AB of this Part, sentences applicable to State or Territory offenders may be prescribed in respect of a person convicted of a federal offence in a State or Territory Court. Additional sentencing provisions include sentencing dispositions other than imprisonment. A State or Territory offender is a person who commits an offence against a law enacted by a State or Territory. Regulation 6 of the Crimes Regulations 1990 (the Principal Regulations) prescribes orders for the purposes of section 20AB of the Act.

The purpose of the proposed regulations is to amend the Principal Regulations to extend the list of possible prescribed State or Territory sentences or orders handed down by respective State or Territory courts that may apply to federal offenders as alternatives to imprisonment.

The proposed Regulations would add the following orders to the list prescribed by Regulation 6 of the Principal Regulations:

•       home detention orders made under Chapter 2 of the Rehabilitation of Offenders (Interim) Act 2001 of the Australian Capital Territory;

•       home detention orders made under Subdivision (1D) of Division 2 of Part 3 of the Sentencing Act 1991 of Victoria.

The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.

Regulations 1 to 3 and Schedule 1 commenced on gazettal.

Schedule 2 will commence on 1 January 2004, by which time administrative procedures will be in place in Victoria.