Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

CRIMES REGULATIONS (AMENDMENT) 1992 NO. 91

STATUTORY RULES 1992 No. 91

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Crimes Act 1914

Crimes Regulations (Amendment)

Section 91 of the Crimes Act 1214 (the Crimes Act) provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to this Act.

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

Amend Regulation 5 of the Crimes Regulations by repealing paragraph 5(1)(c) and substituting this paragraph by new paragraphs (c) and (ca); and

Amend Regulation 6 of the Crimes Regulations by repealing paragraph 6(b) and substituting a new paragraphs (b) and (c).

The proposed Regulations arise because of the Victorian Corrections (Remissions) Act 1991 and the Sentencing Act 1991, which will come into force on 22 April 1992. The Corrections (Remissions) Act 1991 Act deals with the abolition of the pre-release permit scheme and its preservation for offenders sentenced prior to the commencement of that Act. The proposed Regulations will preserve the pre-release permit scheme for federal offenders sentenced prior to the commencement of that Act. The Sentencing Act 1991 will provide for a new sentencing regime for State offenders, including alternatives to imprisonment, which may be prescribed to apply to federal offenders by virtue of section 20AB of the Crimes Act.

Details of the proposed Regulations are:

Regulation 1: This regulation provides that regulations 3 and 4 will commence on 22 April 1992.

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

Regulation 3: Subsection 19AZD(3) of the Crimes Act permits State pre-release schemes to be prescribed to apply to federal offenders. Where a scheme is prescribed to apply the State authorities may place suitable offenders on such a scheme. The Victorian scheme permits an offender to be released from custody up to 6 months before his/her non-parole period expires under very strict conditions and supervision. Under paragraph 5(1)(c) of the Crimes Regulations the Victorian pre-release permit scheme is prescribed to apply to federal offenders. However, on the commencement of the Corrections (Remissions) Act 1991 (Victoria) on 22 April 1992 the prerelease scheme will be abolished for State offenders sentenced from that date but will be preserved for offenders sentenced prior to that date. The amendment to paragraph 5(1)(c) will preserve the operation of the pre-release permit scheme for federal offenders sentenced prior to 22 April 1992.

Regulation 4 : Section 20AB of the Crimes Act enables the State alternatives to imprisonment, such as community service orders to be available as sentencing options for federal offenders. Additional options may be prescribed to apply. Paragraph 6(b) prescribes a community-based order made under Part 5 of the Penalties and Sentences Act 1985 Victoria). This Act will be repealed on 22 April 1992 when the Sentencing Act 1991 (Victoria) comes into force. These orders will then be available under Division 3 of Part 3 of the Sentencing Act 1991. In addition, a new sentencing option known as a intensive correction order will be available once the Sentencing Act 1991 comes into force. The proposed amendments to paragraph 6(b) of the Crimes Regulations will enable a community-based order made under Division 3 of Part 3 and an intensive correction order made under subdivision (2) of Division 2 of Part 3 of the Sentencing Act 1991 to be available as sentencing options for federal offenders convicted in that State.