Commonwealth Numbered Regulations - Explanatory Statements

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CRIMES REGULATIONS (AMENDMENT) 1996 NO. 228

STATUTORY RULES 1996 No. 228

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL AND MINISTER FOR JUSTICE

Crimes Act 1914

Crimes Regulations (Amendment)

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

The Crimes Regulations (Amendment) (the Regulations) will:

a.       Amend Regulation 5 by omitting paragraph 5(1)(d) and substituting new paragraph 5(1)(d); and

b.       Amend Regulation 6 by adding at the end new paragraphs 6 (e) and 6 (f).

The Regulations wise as a result of the enactment of the Western Australian Sentence Administration Act 1995 and Sentencing Act 1995 which will both come into force on 4 November 1996.

Section 19AZD of the Crimes Act enables federal offenders serving sentences in State/Territory prisons to participate in State/Territory pre-release permit schemes which are prescribed to apply to them by regulation. Work release orders and home detention orders available under Parts 4 and 5 respectively of the Offenders Community Corrections Act 1963 (WA) were prescribed by paragraph 5(1)(d) of the Crimes Regulations. The Western Australian Sentencing (Consequential Provisions) Act 1995, which commences on 4 November 1996, will repeal that Act.

The proposed Regulations will prescribe work release orders and home detention orders made under the Western Australian Sentence Administration Act 1995 to enable federal offenders to continue to participate in these pre-release permit schemes once the Offenders Community Corrections Act 1963 (WA) is repealed.

Section 20AB of the Crimes Act enables prescribed State or Territory sentences or orders to apply to federal offenders as alternatives to imprisonment. Additional options may be prescribed to apply. Two new sentencing options, known as the community based order and the intensive supervision order will be available in Western Australia once the Sentencing Act 1995 (WA) comes into force.

The proposed Regulations will also prescribe community based orders and intensive supervision orders made under the Western Australian Sentencing Act 1995 as an alternative to imprisonment for federal offenders sentenced in Western Australia.

Details of the Regulations are:

Regulation 1: This regulation provides that the Regulations commence on 4 November 1996.

Regulation 2: This regulation provides that the Crimes Regulations are amended by these Regulations.

Regulation 3: Subsection 19AZD(3) of the Crimes Act 1914 (the Crimes Act) permits State and Territory pre-release permit schemes to be prescribed to apply to federal offenders. Where a scheme is prescribed to apply, the State or Territory authorities may place suitable federal offenders on such a scheme. The Western Australian work release and home detention schemes permit offenders to be released from custody before expiry of their non-parole period under very strict conditions and supervision. The amendment to paragraph 5(1)(d) will repeal the existing paragraph 5(1)(d) and will prescribe work release and home detention orders made under the Western Australian Sentence Administration Act 1995, to enable federal offenders to participate in these pre-release permit schemes.

Regulation 4: Section 20AB of the Crimes Act enables prescribed State or Territory sentences or orders to apply to federal offenders as alternatives to imprisonment. The amendment to regulation 6 of the Crimes Regulations prescribes community based orders and intensive supervision orders made under the Western Australian Sentencing Act 1995 as alternatives to imprisonment for federal offenders sentenced in Western Australia.