Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For the purposes of subsection 19AZD(3) of the Act, a pre-release permit scheme mentioned in column 1 of an item in the following table provided for by a law mentioned in column 2 of the item is prescribed.
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State and Territory pre-release permit schemes that apply to federal offenders | ||
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Item |
Column 1 Pre-release permit scheme |
Column 2 Law |
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1 |
Scheme for releasing a prisoner under a re-entry release order |
Part 4 of the Sentence Administration Act 2003 (WA), as in force at the commencement of this instrument |
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2 |
Scheme for releasing a prisoner to serve a period of home detention |
Division 6A of Part 4 of the Correctional Services Act 1982 (SA), as in force at the commencement of this instrument |
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3 |
Scheme for releasing a prisoner on administrative home detention |
Division 5 of Part 3.3 of Chapter 3 of the Correctional Services Act 2014 (NT), as in force at the commencement of this instrument |
(2) A federal offender who is not an Australian citizen is not eligible to participate in a pre-release permit scheme mentioned in subsection (1) if participation would result in the offender:
(a) becoming an unlawful non-citizen (within the meaning of the Migration Act 1958 ); and
(b) being liable to detention and removal from Australia under that Act.
(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 mentioned in subsection (1) if participation would make the offender liable for detention and deportation from Australia under that Act.