Commonwealth Numbered Regulations - Explanatory Statements

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CRIMES REGULATIONS (AMENDMENT) 1996 NO. 125

STATUTORY RULES 1996 No. 125

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 of the Regulations by omitting subregulation 5(2) and substituting a new subregulations 5(2) and 5(2A); and

b.       Amend Regulation 6 of the Regulations by omitting paragraph 6 (a) and substituting new paragraph 6 (a)

The Regulations arise as a result of the 1994 amendments made to the Migration Act 1958, and the enactment of the Northern Territory Sentencing Act 1995, which comes into force on 1 July 1996.

Section 19AZD of the Crimes Act enables federal offenders to participate in State/Territory prerelease permit schemes which are prescribed to apply to them by regulation. Sub-regulation 5(2) currently excludes federal prisoners who are, or who may be, liable to deportation from participation in such schemes as such early release triggers deportation before parole eligibility arises. As a result of the Migration Reform Act 1994, persons who are unlawful non-citizens are no longer deportees, but are removees. Unlawful non-citizens serving sentences of imprisonment are issued with a Bridging Visa "E", which permits them to remain in Australia while they are required to serve their sentence of imprisonment. The visa ceases when the offender is released on parole, which is defined in Migration Regulation 1.03 in such a way as to include pre-release schemes. Thus, placement of such an offender on a pre-release scheme would trigger the provisions of the Migration Act 1958, leading to the removal of the prisoner from Australia prior to his becoming eligible for parole.

The proposed Regulations will exclude federal offenders who are liable to removal or deportation from Australia from participation in pre-release schemes that would result in their removal or deportation under the Migration Act 1958 prior to the completion of their non-parole period.

Section 20AB of the Crimes Act enables prescribed State or Territory sentences or orders to apply to federal offenders as alternatives to imprisonment. Home detention orders available under the Criminal Law (Conditional Release of Offenders) Act 1971 (NT) were prescribed by Regulation 6. The Northern Territory Sentencing Act 1995, which commences on 1 July 1996, is replacing that legislation.

The proposed Regulations will prescribe home detention orders made under the Northern Territory Sentencing Act 1995 as an alternative to imprisonment for federal offenders sentenced in the Northern Territory.

Details of the Regulations are:

Regulation 1: This regulation provides that the sub-regulation 4.1 commences on 1 July 1996. The remainder of the regulations will commence on gazettal.

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

Regulation 3: This regulation provides that federal offenders who are liable to removal or deportation from Australia are not eligible to participate in pre-release schemes that would result in their removal or deportation prior to the completion of their non-parole period.

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 home detention orders made under the Northern Territory Sentencing Act 1995 as an alternative to imprisonment for federal offenders sentenced in the Northern Territory.