Explanatory StatementIssued by the Authority of the Minister for Justice and Customs
Crimes Act 1914
Crimes Amendment Regulations 2003 (No. 6)
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 IB of the Act provides for the sentencing, imprisonment and release on parole of federal offenders. A federal offender is a person convicted of an offence against a law enacted by the Commonwealth. Under the provisions for leave of absence and pre-release schemes applicable to federal offenders in section 19AZD of this Part, a law of a State or Territory providing for a State or Territory offender to be granted leave of absence from prison or release from prison under a pre-release permit scheme applicable to State or Territory offenders may be prescribed in respect of federal offenders. A State or Territory offender is a person convicted of an offence against a law enacted by a State or Territory. Regulation 5 of the Crimes Regulations 1990 (the Principal Regulations) prescribes State and Territory laws for the purposes of section 19AZD of the Act.
The purpose of the Regulations is to amend the Principal Regulations to add the following orders to the list prescribed by Regulation 5 of the Principal Regulations:
- home detention orders made under Division 4 of Part 8 of the Corrections Act 1986 of Victoria.
Home detention as a pre-release scheme is scheduled to come into effect in Victoria on 1 January 2004. Prescribing this scheme in the Principal Regulations would make it available as a pre-release option for federal offenders.
The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.
The Regulations will commence on 1 January 2004, by which time administrative procedures will be in place in Victoria.